BAL HARBOUR SHOPS CREATIVE CHALLENGE TERMS & CONDITIONS

By making any submission in connection with the BHS Creative Challenge, in recognition of the reliance by Bal Harbour Shops and any affiliate thereof (“BHS“) on this statement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the submitting party (the “submitting party” or “I” or “me“), on my behalf and my successors and assigns, agrees that each and every submission by me of any illustration, plan, document, instrument of services, other instrument, drawing or other intellectual property, including graphic and pictorial representations and any electronic form (collectively, “IP“) (whether or not such IP submission is selected as a winner [defined below], finalist [defined below] or otherwise) shall be subject to all of the following, as of the time of submission:

1. I hereby acknowledge that up to three finalists (each a “Finalist”) and one (1) grand prize winner (“Winner”) will be selected by BHS. Each Finalist will be (i) awarded a cash prize in the amount of $750.00, (ii) featured on balharbourshops.com and on BHS social media channels, and (iii) credited by name, with the Finalist’s work featured in the BHS Finalist roundup. The Winner will be (i) awarded a cash prize in the amount of $3,500.00, (ii) published in the Winter 2026 issue of Bal Harbour Magazine, (iii) commissioned for an upcoming editorial illustration project in Bal Harbour Magazine, and (iv) featured on BHS social media channels, with an artist spotlight provided across Bal Harbour Shops digital channels (website and newsletter).
2. As between BHS and me, I will retain all right, title, and interest in and to my IP submission, including all underlying copyright and other intellectual property rights. However, by making an IP submission, I grant BHS a non-exclusive, sublicensable, royalty-free right and license to reproduce, publish, display, distribute, and otherwise use the submission for purposes of administering and showcasing the Challenge. Additionally, and if I am selected as a Finalist, then in consideration of the $750.00 prize, I grant BHS, for a period of three years following the date of selection (“Expanded Use Term”), a non-exclusive, sublicensable, royalty-free, irrevocable right and license to reproduce, publish, display, distribute, and otherwise use (including by incorporation into other works, products or materials) my submitted and selected IP for editorial, marketing, advertising, publicity, promotional and other business purposes across all Bal Harbour Shops and Bal Harbour Magazine channels, including, without limitation, print, digital, social media, websites, newsletters, in-store/on-property displays, products, events, and PR/communications (the “Expanded Use License”). Furthermore, if I am selected as the Winner, then in consideration of the $3,500.00 prize (which also serves as a commissioning and acquisition fee), I acknowledge and agree that the Expanded Use Term will convert from three years from the date of selection to a perpetual term, and that the Expanded Use License will additionally include the right for BHS to create derivative works of the winning submission for BHS advertising, publicity, promotional and other business purposes.
3. I represent and warrant that all IP originated from my own creative process, including, but not limited to, conceptualization, composition, and execution. I understand that use of digital tools to create IP is permitted, but represent and warrant that I have not used any such tools to automate creative decisions or generate artistic content. I represent and warrant that I created the IP entirely without the use of Artificial Intelligence.
4. I represent and warrant that I am the sole creator and owner of all IP, free and clear of all liens, claims and other encumbrances. All IP is my own work and such IP, along with BHS’s use thereof as contemplated by these Terms and Conditions, does not infringe any third party rights (including any contract rights or any copyright, trademark, or other intellectual property rights) or violate any applicable laws.
5. I retain the right to use the IP for my portfolio and self-promotional purposes throughout the applicable license term. BHS will reasonably endeavor to provide attribution to me whenever reasonably practicable in connection with its use of the IP.
6. I understand that, except for my retained portfolio and self-promotional rights described in Section 5, any use of the IP by me or any third party for commercial purposes during the applicable license term or, with respect to the Winner, at any time perpetually, requires BHS’ prior written consent.
7. Notwithstanding anything to the contrary, including, without limitation, the expiration of any license term, to the extent any IP submission distinctly depicts, incorporates, or is derived from Bal Harbour Shops’ architecture, setting, visual identity, trademarks, or other recognizable characteristics, I will not reproduce, license, adapt, or otherwise commercialize such submission (or any portion thereof incorporating such characteristics) as or on merchandise, products for sale, or other commercial goods without BHS’s prior written approval. This restriction does not limit my right to display or reproduce such work in my portfolio or for self-promotional purposes as described in Section 5.
8. All such Terms and Conditions shall continue to apply to all submissions after the Announcement.