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About the Prize: Official Rules

NOTE: The first phase of Prize2theFuture ended with the announcement of winners in the initial on-line contest on May 5, 2011. For more information about next steps in implementing the winning idea, check the Community Foundation website or call 205-327-380

No purchase necessary to enter or win.

This document provides the Terms and Conditions to successfully enter the Prize2theFuture (“Contest”). Carefully read the Terms and Conditions as they form a binding contract between the Community Foundation of Greater Birmingham and you, as an entrant into the Contest. By entering the Contest, you agree to be bound by the Terms and Conditions. If you, or any member of your team (if applicable), breach a provision of the Terms and Conditions, you and/or your team (if applicable) automatically forfeit your entry into the Contest. If you have questions, please contact the Community Foundation at: info@prize2thefuture.org

Community Foundation of Greater Birmingham Background:

For more than 50 years, the Community Foundation of Greater Birmingham has been an agent of positive change in the five-county area surrounding Alabama’s largest city.

As a public charity with broad ranging interests, the Community Foundation leverages gifts and bequests from many people to drive positive change. We bring people together from all walks of life to address community issues, build on opportunities and achieve measurable results. We work with many non-profit organizations to improve life in our region, such as underperforming urban schools and childhood and adult obesity.

Prize2theFuture Background:

Three years ago, in response to citizen requests for more parks and greenspace across the city, the Community Foundation provided leadership and $1 million dollars in seed money to create or enhance three parks. This initiative represents more than 2,000 acres total and is now well underway, transforming Greater Birmingham into a national leader in terms of greenspace per capita.

Railroad Park, named in tribute to the crucial role rail transportation played in the city’s early history and continues to play, opened in September 2010 in an area known as Midtown. There, on what once was flat vacant land where old railroad cars were parked, has risen a vibrant 19-acre oasis with rolling hills, water features, walking trails, linear gardens and beautifully landscaped playgrounds – all set against breathtaking views of the city center and the backdrop of an active rail line.

The enthusiasm created by the Railroad Park is just the beginning of energizing the city center. Visionary donors–people committed to supporting the next transformation investment of the Community Foundation – are investing in the Prize2theFuture to draw the best ideas from individuals and teams from around the world. The Community Foundation and the City of Birmingham have identified a one-square-block area immediately east of Railroad Park that now is underutilized as a surface parking lot (hereafter referred to as the “Prize Site”).

The Prize2theFuture challenge asks simply: “What is your idea for the Prize Site that will transform Birmingham into a cooler, more vibrant city?”

Prize2theFuture Physical Site Background:

The Prize Site is part of a longer range master plan to connect Railroad Park to the historic Sloss Furnaces National Landmark creating a linear, green connector path that runs through the heart of Birmingham. A regeneration of the Prize Site holds the potential for renewal, for connectivity and for vibrancy that will serve as an important sign of further innovative developments to come. In short, it’s a block that’s critical to our community.

The Prize Site is bound on the north by Powell Avenue, on the south by 1st Avenue South, on the East by 18th Street, and the west by 19th street. For more information visit the Prize interactive map.

Prize2theFuture Entry Evaluation:

Listed in order of importance, contestants should consider the following evaluation criteria, weighting and characteristics when preparing entries:

  1. Does the idea have the cool factor? (25%)

    • - Inspires youthfulness, social engagement, fun and creativity
    • - Helps attract and retain talented, interesting people within the Greater Birmingham community
    • - Collaborative by design
  2. Does the idea complement the Railroad Park/Sloss Corridor? (20%)

    • - Builds on existing assets, especially along the Railroad Park/Sloss Corridor
    • - Unique and distinctive to Birmingham
    • - May include creative connectivity to other areas or sites
  3. Is the idea feasible, realistic, doable and sustainable? (25%)

    • - Provides earned income for Railroad Park
  4. Is the idea magnetic and contagious? (20%)

    • - A dynamic destination with potential for a new experience every visit
    • - Energizing, intriguing and timeless destination
    • - Encourages repeat visits
  5. Does the idea have broad appeal? (10%)

    • - Offers hope, excitement, pride to users of all ages
    • - Equally attractive to residents and visitors
    • - A unifying effect on region

Registration:

Registration for the Contest begins January 13, 2011 at 12:00:01 AM CST through March 11, 2011 at 11:59:59 PM CST.

Term:

Submission Term (“Term”) of entries for the Contest begins January 13, 2011 at 12:00:01 AM CST and all registrations and entries must be submitted by March 11, 2011 at 11:59:59 PM CST.

You are responsible for knowing the time zone in your location and the Foundation is not responsible for errors in delay or transmission of your entry. We recommend that you do not wait until the last moment to enter.

Eligibility:

VOID WHERE PROHIBITED. Anyone age 18 and over is encouraged to participate, unless prohibited by applicable law. All entrants must have a valid email address to enter the Contest, which will serve as the primary means of communicating with you and your team (if applicable).

This Contest is void to citizens and legal residents of Brazil, Cuba, Iran, Italy, Syria, Myanmar/Burma, North Korea, Sudan, and the province of Quebec, Canada. Current employees and board members of the Community Foundation, and anyone acting in concert with them or on their behalf, their immediate family members and people living in their household, and Contest judges are not eligible to enter the Contest.

The Community Foundation, at its sole discretion, shall determine eligibility of any individual, entity or team entry, and may disqualify an entry at any time for any reason. All decisions of the Community Foundation regarding eligibility are final.

Company Submissions: If an individual or team submits an entry under a company name, then by making this submission, each such person represents and warrants that (i) he or she has the authority to enter the Contest on behalf of the Company, as an employee or as an authorized representative, the Company has consented to the entry; (ii) that he or she has authority, or has been granted authority by the Company, to bind the Company to these terms and conditions; (iii) that the Company has agreed to be bound to these terms and conditions; and (iv) that the entry does not violate any of the Company’s rules, policies or procedures.

How to Enter:

You may enter as an individual or as a team of up to five (5) members. Each person participating in the Contest is an “entrant,” whether participating individually or as part of a team. All entrants must register for the Contest, even if participating in the Contest as part of a team.

During the Term, entrants may enter the Contest by accessing the Contest website (www.prize2thefuture.org). All entrants will be required to register and submit a completed entry form via the Contest website prior to the end of the Term. As part of the registration process each entrant will be required to agree to these Rules, as well as the Terms of Use and Privacy Policy of the Contest website. All entrants must provide background and demographic information as part of the registration process. Registration must be completed in English.

Each entrant will be given a username and password to access his or her account, or workspace, on the Contest website. This workspace will contain the online Prize form described below, which when completed and submitted will constitute the entrant’s Submission into the Contest.

For entrants participating as part of a team, each team member will be given an individual username and password that will be used to access a common team workspace, which will contain a single online Prize form for the team. Each team member may view and edit the team’s online Prize form. Only one team member may submit the team’s Submission. This team member will be deemed the team’s leader and will be the person to whom correspondence will be sent by email. The team leader is responsible for ensuring that all team members comply with the Contest Rules and informing other team members of any correspondence or information received from the Community Foundation.

All individual entrants, and each team, must clearly and concisely complete all six (6) sections of the online Prize2theFuture entry form:

  • 1) Title of entry and overview of your idea/concept. Maximum length: 2,500 characters including spaces
  • 2) Describe how and why your idea has the Cool Factor. Maximum length: 1,500 characters including spaces
  • 3) How does your idea complement Railroad Park/Sloss Corridor? Maximum length: 1,500 characters including spaces
  • 4) Describe how your idea is feasible, realistic, and doable. Maximum length: 1,500 characters including spaces
  • 5) Describe what makes your idea magnetic and contagious. Maximum length: 1,500 characters including spaces
  • 6) What is the broad appeal of your idea? Maximum length: 1,500 characters including spaces

All sections of the entry form must be completed to be a valid entry into the Contest. Submissions may discuss topics such as use, design, and costs of implementation (budget). All entry forms must be submitted in English. You have the option to submit your entry form in draft or final mode. If you submit your entry form in draft mode, you or other members of your team, if applicable, can make changes to your submission until the end of the Term. Once you or a member of your team submits your entry form as final, no further changes can be made to the entry form even if there is time remaining in the Term. All entry forms will automatically become final at the expiration of the Term.

Submission will be judged primarily on the contents of the completed online Prize 2 the Future entry form. A Submission may include an appendix containing primarily graphical, pictoral, or other illustrative material. The appendix may include the materials in the following forms:

  • Accepted File types: .pdf, .jpg, .ppt, .pptx
  • Other: URL (up to 2 links)

While the length and contents of the Appendix are in discretion of the entrant, the Appendix should contain only those materials necessary or helpful to illustrate the written contents of the online Prize 2 the Future entry form. As noted, the Appendix should be primarily graphical, pictorial, or illustrative in nature, and it should not be used to bypass the space limitations on the online Prize 2 the Future entry form.

You must have the full ownership rights to your Submission, and you will be required to make certain certifications and grant certain permissions and rights, provided below, regarding your Submission. The Submission must not contain material that, in the sole discretion of the Community Foundation, is inappropriate, indecent, obscene, hateful, discriminatory, defamatory, slanderous, libelous, or unlawful.

Submissions:

  • Limit - Three (3) Submissions Per Person. Each submission must be registered separately requiring a unique email address (there cannot be more than one entry per email address).
  • All Submissions become the property of the Community Foundation of Greater Birmingham and will not be acknowledged or returned; rights in the ideas, concepts, designs, and intellectual property in the Submssion are subject to the terms and conditions below.
  • The Community Foundation is not responsible for: (i) lost, late, incomplete, invalid, illegible, or misdirected Submissions, which will be disqualified; (ii) failed, partial or garbled computer transmissions; (iii) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; or (iv) any error, human, technical or otherwise.
  • The Community Foundation reserves the right, in its sole discretion, to disqualify any Submission not in compliance with the Terms and Conditions.

Judging:

All Submissions will be judged. The decisions of the judges will be final in all instances. All rounds of judging will be blind and no judge will be provided with the identity of any entrant during the judging period. Judges will make all decisions based solely on the quality of the Submission.

First Round – Screening of all submissions for compliance with Contest requirements by the Community Foundation staff. Submissions that pass initial screening will move to the Second Round of judging and receive an email notification on or about March 21, 2011.

Second Round – Review by a panel of volunteer judges, including local and regional business, planning and design professionals. These judges will review the Submissions based on the following criteria:

  • (1) 25 % - The Cool Factor
  • (2) 20% - Complement to Railroad Park/Sloss Corridor
  • (3) 25% - Feasibility
  • (4) 20 % - Magnetic, contagious
  • (5) 10 % - Broad appeal

Submissions with the fifty (50) highest scores will move to the Third Round of judging and receive an email notification on or about March 28, 2011. If your Submission is in this or the final stage, you will be able to log onto the Contest website www.prize2thefuture.org to see any comments made by the judges about your Submission.

Third Round – Review by a panel of volunteer judges, including local and regional business, planning and design professionals. These judges will review the Submissions based on the following criteria:

  • (1) 25 % - The Cool Factor
  • (2) 20% - Complement to Railroad Park/Sloss Corridor
  • (3) 25% - Feasibility
  • (4) 20 % - Magnetic, contagious
  • (5) 10 % - Broad appeal

Submissions with the ten (10) highest scores will move to the Final Round of judging and receive an email notification on or about April 4, 2011.  If your Submission is in this or the final stage, you will be able to log onto the Contest website www.prize2thefuture.org to see any comments made by the judges about your Submission.

All ten (10) Submissions participating in the final round will be required to have their Submission displayed from April 19, 2011 to April 28, 2011. This will be a public setting and format (“Idea Gallery”) to be determined by the Community Foundation.

Final Round - Judging by a group of leading global business, design and planning leaders who will rank the Submissions based on the following criteria:

  • (1) 25 % - The Cool Factor
  • (2) 20% - Complement to Railroad Park/Sloss Corridor
  • (3) 25% - Feasibility
  • (4) 20 % - Magnetic, contagious
  • (5) 10 % - Broad appeal

The Submission with the highest scores from the judges will be selected as the potential First Place Winner. One (1) Submission with the next highest score from the judges will be selected as the potential Second Place Winner. One (1) Submission with the next highest score from the judges will be selected as the potential Third Place Winner. Entrants will be able to log onto the Contest Website and view any comments made about their Submission, but the Community Foundation will not respond to questions from entrants about their individual Submissions.

Prior to a public announcement of the winners in May of 2011, the Community Foundation will contact the potential winners. All potential winners will be required to sign a Declaration of Eligibility & Liability/Publicity Release (“Declaration”) and return the Declaration within seven (7) days following attempted notification or such potential winner will be deemed to have forfeited the Prize. If a potential winner is a team; each team member must sign and return the Declaration within seven (7) days following attempted notification or such potential winning team will be deemed to have forfeited the Prize. Return of any notification e-mail as undeliverable, inability of the Community Foundation to contact a potential winner, or failure by a potential winner to return the Declaration and any other required documentation within the stated time period may result in disqualification and selection of an alternate potential winner based on the judging criteria described herein.

Prize amounts:

One (1) First Place Winner will receive USD $50,000. One (1) Second Place Winner will receive USD $10,000.00. One (1) Third Place Winner will receive USD $5,000.00. The other seven (7) finalists will receive USD $1,000.00. The approximate retail value of all prizes is USD $72,000. All taxes are the responsibility of winners. Odds of winning depend on the number of eligible entries received and the skill of the entrants in preparing their Submissions.

List of Winners:

The list of Contest winners and the winning Submissions will be posted on the Contest website www.prize2thefuture.org and the Community Foundation website, www.foundationbirmingham.org at the close of the Contest.

What’s Next:

Following the culmination of the competition and the announcement of the winning idea, the Community Foundation intends to publicize the winning Submission and request bids for proposals from qualified applicants to turn the winning idea into reality. During this phase of the competition, the Community Foundation will issue a Request For Qualifications from suitable vendors. These submissions will be judged by a panel of local, national and international experts and the winner will receive the commission to do the work required to turn the idea into reality. In addition, the Community Foundation will lead the efforts to seek required funding and partnerships as necessary.

Legal rights in your Submission:

By entering your Submission into the Contest, you represent and warrant that the following are true:
(i) that your Submission is wholly your original work, or the original work of your team, as the case may be;
(ii) that you or your team have not entered the Submission into another contest;
(iii) that your entry into the Contest does not violate any contract, obligation, or duty you have with or to any third party;
(iv) that, without limiting the terms of paragraph, if you created your submission in the line and scope of your employment for an employer, during your regular business hours for your employer, or using the resources of your employer, you have either received an assignment of all rights in Submission from your employer, or you are entering as a Company Submission on behalf of your employer, as provided above;
(v) that you and your team, if applicable, own all right, title, interest in and to your Submission, that there is no existing restriction on your use of your Submission, and that no otherparty has any right, title interest or claim in the Submission.

By entering your Submission into the Contest, you and each member of your team, if applicable, agree not to grant any license, right or interest to your Submission until the winner of the Contest is announced. In addition, by entering your Submission into the Contest, you and each member of your team, if applicable, grant to the Community Foundation, our affiliates, our sub-licensees and successors and assigns, a perpetual, nonexclusive, unrestricted, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Submission; (ii) publicly perform, display, license and distribute copies of the Submission, modified Submission and derivative works of the Submission; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by us or other licensed person in its sole discretion) to allow the Community Foundation or other licensed person to fulfill its charitable or governmental mission, to further its operations, and to create, advertise, operate and manage the Contest Website. The rights granted herein shall be granted without any compensation other than that written in these Rules. You recognize that the public may access your Submission through the Contest website. You agree that the Community Foundation has no responsibility or liability whatsoever for any use of your Submission, or any idea or intellectual property contained in it, by any member of the public. You also agree that the Community Foundation has no obligation or responsibility to police, enforce, pursue or prosecute the unauthorized use of your Submission by any member of the public.

Additional Terms Applicable to Finalists and Winners:

In addition to the above, upon selection of your Submission in the Final Round and as a condition of being eligible for a prize, you agree that the license granted above shall become exclusive until May 31, 2012, and that until such date, you will not enter your submission into any other Contest or transfer any right or license in the Submission to any third party, without the prior written consent of the Community Foundation. You also agree that until May 31, 2012, at the Community Foundation’s option, you will assign all right, title, and interest in and to your

Submission to the Community Foundation, without further consideration apart from the prize awards identified above.

If your Submission is selected as a First, Second, or Third Place Winner, and as a condition of being eligible for the corresponding prize, you will assign, and upon such selection hereby do assign, all right, title, and interest in and to your Submission to the Community Foundation of Birmingham.

All participants in the final round, including all team members if applicable, will be required to sign an Intellectual Property Warranty and Rights Agreement that includes the above representations, warranties, and terms, and take such further action as may necessary or desirable in the discretion of the Community Foundation to perfect its interests as described above. If you or any member of your team refuses to sign that agreement or otherwise cooperate with the Community Foundation, you forfeit your opportunity to win a prize,and the Community Foundation may, in its sole discretion, award any prize you otherwise would have received to an alternative party.

In addition to the rights above, you acknowledge and agree that the Community Foundation may keep your Submission indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Submission violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety, our users and the public.

Conditions to participating:

By entering a Submission into the Contest, you are agreeing to these Official Rules of this Contest, the transfer of your personal information and your Submission to the United States, where the Community Foundation and its data processors are located, and the judging and use of your Submission by the Foundation.

Acceptance of any prize related to this Contest constitutes permission for, and winners’ consent to, the Community Foundation and its agencies or assigns to use the Submissions and the names and/or likenesses of any winner and/or winning team members for advertising and promotional purposes, in any media, without further notice, compensation, consideration, review, or consent, except as prohibited by law.

In the event a potential winner's employer has a policy that prohibits the awarding of a prize to an employee, the prize award may be forfeited and the Community Foundation may at its sole discretion select an alternate recipient.

The Community Foundation reserves the right to disqualify any Submission from this or any future Contest if, in its sole discretion, the Foundation reasonably believes that any person has attempted to undermine the legitimate operation of the Community Foundation by cheating, deception, or other unfair practices, or has tampered with any of the Community Foundation’s websites, the submission process, the judging process, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or annoys, abuses, threatens, or harasses the Community Foundation, its agents, its assigns or any other participant or entrant.

All decisions of the Community Foundation regarding this Contest are final.

Limitation of liability/disclaimer:

THE CONTEST WEBSITE AND ALL CONTENT, SITE FUNCTIONALITY, AND SERVICES PROVIDED BY THE CONTEST WEBSITE, OR THIRD PARTIES ON BEHALF OF THE COMMUNITY FOUNDATION ARE SUBJECT TO CHANGE WITHOUT NOTICE AND PROVIDED BY US OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE WEBSITE IS PROVIDED: (1) AS IS WITH ALL FAULTS; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY, LACK OF NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE.

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMMUNITY FOUNDATION NOR ANY THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE WEBSITE, YOUR SUBMISSION OR ENTRY INTO THE CONTEST, OR TO ANY BREACH OF THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY US OR ANY THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE WEBSITE, WILL BE SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR

DAMAGE (IF ANY), OR RETURN OF YOUR SUBMISSION TO YOU, IN OUR SOLE DISCRETION

THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU FURTHER AGREE TO HOLD HARMLESS AND INDEMNIFY THE COMMUNITY FOUNDATION, FOR ALL CLAIMS, LIABILITIES, DAMAGES, PENALTIES, COSTS, EXPENSES, OR MONETARY AWARD OF ANY KIND, INCLUDING ITS REASONABLE ATTORNEYS FEES (AND INCLUDING ATTORNEYS’ FEES ATTRIBUTABLE TO ENFORCEMENT OF THIS INDEMNITY OBLIGATION) ARISING OUT OF OR RELATED TO YOUR OR ANY MEMBER OF YOUR TEAM’S BREACH OF ANY PROVISION OF THIS AGREEMENT.

Governing Law:

The Contest and the rights and obligations of all entrants and Submissions shall be governed by and construed in accordance with the laws of the State of Alabama, without effect to any principles of conflicts of law, and the federal law of the United States. You agree that any dispute or claim arising out of this Agreement, the Contest, or your Submission, shall be brought exclusively within the state or federal courts located in Jefferson County, Alabama, and you hereby submit and consent to the personal jurisdiction of such courts. Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.

Uses of your Information:

The Community Foundation may send communication asking if you would like to learn more about the Community Foundation, products or services, or invite you to one of its community meetings. Your personal information will be used to fulfill the terms of this Contest and may therefore be shared with any subcontractor, agent or partner that assists or is otherwise involved in the Community Foundation and as specified in the Community Foundation’s privacy policy available at http://www.foundationbirmingham.org. If you have any questions about the use of your personal information, please either write to us at the address above or electronically at foundationbirmingham.org

Community Foundation of Greater Birmingham Contact Information:

Mailing address:

Community Foundation of Greater Birmingham ATTN: The Prize 2100 First Avenue North, Suite 700 Birmingham, Alabama 35203 Phone: (205) 327-3803 www.foundationbirmingham.org