2026-2027 ESRT OBSERVATORY TRS, L.L.C NYC PUBLIC SCHOOL FIRST COME, FIRST-SERVED BOOKINGS TERMS OF OFFER (“Terms”)

The 2026-2027 ESRT OBSERVATORY TRS, L.L.C NYC Public School First-Come, First-Served Bookings (“Bookings”) begins at 8:00:01 AM EST on 8/10/2026 and ends at 4:29:59 PM EST on 6/30/2027.

1.    SPONSOR: ESRT Observatory TRS, L.L.C. ("Sponsor"), with an address at 111 West 33rd Street, New York City, New York, 10120, USA, is the sponsor and coordinator of the Bookings. 
2.    ELIGIBILITY: The Bookings are open to New York City public schools and charter schools.  By participating in the Bookings, each participant accepts the conditions stated in these Terms, agrees to be bound by the decisions of Sponsor and warrants that the school is eligible to participate in the Bookings.

Sponsor reserves the right to require any Participant and/or Participating School (as defined in Paragraph 3) to provide evidence of eligibility to Sponsor’s reasonable satisfaction. Sponsor reserves the right in its sole discretion to disqualify any Participant and/or Participating School if it is revealed that such Participant and/or Participating School’s conduct has been inconsistent with generally accepted norms and/or might diminish the public reputation of the Bookings, all as determined by Sponsor in its sole discretion.

3.    HOW TO PARTICIPATE: The Bookings begin at 8:00:01 AM EST on 8/10/2026 and end at 4:29:59 PM EST on 6/30/2027 known as the “Booking Period.”  For purposes of these Terms, all times and days are U.S. Eastern Time (“ET”) as recognized in the United States. Sponsor’s computer is the official time keeping device for the Bookings.

Subject to the restrictions below, to participate, an authorized school teacher or administrator (a “Participant”), on behalf of an eligible school (“Participating School”), must go to the website https://esbnyc.com/visit-nyc-public-schools-form that will show the available dates and times listed for a Participating School’s potential visit to the Empire State Building Observation Deck, located at 20 West 34th Street, New York, NY 10118.  A Participant must fill in all of the following details about the Participating School: Participating School name, Participating School type, Participating School grade level, Participant’s first and last name, Participant job title, Participant phone number, Participant email address, number of students attending the potential visit, number of chaperones attending the potential visit, and accessibility needs, if any, and also select an available date and time for a visit (collectively, a “Proposed Reservation”).  Failing to submit information in a required field will result in disqualification of a Proposed Reservation.  There is a limit of one (1) Proposed Reservation for each Participating School during the Booking Period.  

The Bookings are conducted on a first-come, first-served basis.  Therefore, the first Proposed Reservation received by Sponsor for an available visit date in the Booking Period will claim the reservation for that date (the “Reservation”).  If a Proposed Reservation is sent before another, but the second Proposed Reservation is received by Sponsor first, then the second Proposed Reservation will have claimed the Reservation.  Only one Reservation can be claimed per each available date in the Booking Period.  For clarity, it is the first Proposed Reservation received by Sponsor that will claim the Reservation; not the first Proposed Reservation that is sent on behalf of a Participating School.

Please note that there will be at most one Reservation per school during the Booking Period.  A Proposed Reservation submitted for one visit date does not carry over to any other available date in the Booking Period.  Proposed Reservations submitted by a bot, macro, or any other automated system are void. Disqualification of a Proposed Reservation can result if Sponsor (in its sole discretion) determines the Proposed Reservation is inappropriate and/or suspects any fraud.

5.    CONFIRMING THE RESERVATION: Within 72 hours of receipt by Sponsor , the first Proposed Reservation received by Sponsor for a given date will be notified by email using the email address provided by a Participant on behalf of a Participating School.  If the Participating School does not confirm receipt of this email to Sponsor within 36 hours after such notification is sent, the Proposed Reservation will be void and the Sponsor may make the date and time available for another Proposed Reservation and email the next in time Proposed Reservation received by Sponsor.  If the Participating School confirms receipt of Sponsor’s email, it will be the Reserving School for the specified visit date (the “Reserving School”).  Upon receipt of the Reserving School’s confirmation, the Sponsor will send to the Reserving School information about the Reservation (the “Reservation Notification Email”).  If the Reservation Notification Email is returned as undeliverable, or in the event of disqualification or forfeiture, the Sponsor may make the date and time available for another Proposed Reservation and email the next in time Proposed Reservation received by Sponsor.  The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a Participating School about the Reservation.  
6.    RESERVATION/APPROXIMATE RETAIL VALUE (“ARV”): 
The Reservation that has been confirmed by full response to the Reservation Notification Email includes up to fifty tickets to the Empire State Building for NYC Public School and Charter School students, their teachers, and required chaperones.  The ARV for the ticket package claimed in the Reservation will vary depending on the number of attendees and the type of school attending the Reservation, with ARVs ranging from $11 to $27 per ticket.
The Reservation is solely applicable for the date and time listed on the Proposed Reservation for which the Proposed Reservation was submitted during the Booking Period.  The tickets applicable for the Reservation only include admission to the 86th Floor Observatory, and do not include transportation to or from the Empire State Building, food, retail, entry to the 102nd Floor, transportation, and/or premium experiences.  A Reserving School will be responsible for all other, or potential, expenses not specifically set forth herein, including any and all travel and any and all related expenses.  Any and all taxes relevant to the Reservation are the sole responsibility of the Reserving School.  Acceptance of the Reservation constitutes acceptance of these Terms.  
Sponsor may request that a Reserving School grant to Sponsor an unconditional right to use the Reserving School’s name, address (city and state only), grade level attending the Reservation, and/or statements about the Bookings for any programming, publicity, advertising and promotional purposes throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, without compensation. 
Sponsor reserves the right to substitute a Reservation of equal or greater value if the Reservation (or a portion thereof) cannot be claimed as described. Sponsor will determine all elements of the Reservation in its sole discretion, including the date and time of the visit, which are subject to change at the Sponsor’s election for any reason. The Reservation may not be assigned, transferred, changed or redeemed for cash.  The Reservation is claimed "as is" with no warranty or guarantee express or implied. If the Reserving School fails to arrive at the Reservation on the date and at the time provided, the Reservation is forfeited.
Confirmation of a Reservation is contingent upon full compliance with these Terms. A Participant and a Participating School agree that if any Reserving School fails to provide proof of eligibility, refuses to provide required information, and/or is found to have violated these Terms, any Reservation will be forfeited.  In the event that there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and these Terms, these Terms shall prevail and govern.
7.     PRIVACY: Submitting a Participant’s full legal name, job title, phone number, email address, as well a Participating School’s name, Participating School type, Participating School grade level,  number of students attending the potential visit, number of chaperones attending the potential visit, and accessibility needs, if any, to the Bookings Sponsor is required to submit a Potential Reservation.  In confirming or attending the Reservation, Sponsor may collect additional information about the Reserving School and/or other biographical information of the Participant. 
Any information provided/collected is stored and processed on servers in the United States. Participation in the Bookings implies authorization directly from the Participant and Participating School to collect, process and use the data provided concerning the Participant and Participating School and to transfer such data to the United States for purposes of management of the Bookings and any future offer Participant and/or Participating School has expressly opted-in to receive. To opt-out of the Bookings and/or modify information collected, visit the Sponsor’s privacy policy at: http://www.esbnyc.com/privacy-policy. Any Participant and/or Participating School can be removed from the mailing list for the Bookings by contacting the Sponsor at events@esrtreit.com.
For more information about our privacy policies and procedures, please review Empire State Realty Trust’s privacy policy here: http://www.empirestaterealtytrust.com/privacy-policy.  If there is a discrepancy between the terms of this privacy policy and those in these Terms, these Terms shall govern.

8. CONDITIONS: The Sponsor and its respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies and legal advisors (the "Released Parties"), are not responsible for, shall not be liable for and hereby disclaim liability arising from or relating to: (i) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible Proposed Reservations; (ii) telephone, electronic, hardware or software program, network, Internet, connectivity, server, or computer delays or other malfunctions, operational failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of any such Released Party; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any Reservation, or any portion thereof that may have been attended, or acceptance, possession, or use of any Reservation, or any portion thereof that may have been attended, or from participation in the Bookings; (vi) any printing or typographical errors in any materials associated with the Bookings; or (vii) any inability of a Reserving School to accept or use a Reservation (or any portion thereof) for any reason. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Bookings should any unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Bookings. In the event that proper administration of the Bookings is prevented by such causes as contemplated above, the Reserving School may be the first Proposed Reservation received by Sponsor from all eligible Proposed Reservation prior to such preventive event or action. By participating in the Bookings, Participant and Participating School agree to release and discharge the Released Parties and all others associated with the development and execution of the Bookings, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Bookings, participation in the Bookings, any Reservation, or any portion thereof that may have been attended, and/or acceptance, possession, use or misuse of any Reservation, or any portion thereof that may have been attended, including but not limited to statutory and common law claims for misappropriation of Participant’s right of publicity (whether or not associated with a Participating School).  By participating in the Bookings, Participant and Participating School acknowledge that the Bookings are not sponsored, endorsed, administered, or associated with any social media entity, including, but not limited to X, TikTok, Instagram, and LinkedIn.  Any questions, comments or complaints regarding the Bookings must be directed to the Sponsor and not any social media entity.
9.     DISPUTE RESOLUTION: Except where prohibited, by participating in the Bookings, each Participant and Participating School agrees: (i) that any and all disputes Participant and Participating Schools may have with, or claims Participants and Participating Schools may have against Sponsor relating to, arising out of or connected in any way with (a) the Bookings, (b) the Reservation , and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, New York; (iv) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements and policies referenced herein that the applicable Participant and Participating School may have entered into in connection with the Bookings; (v) the arbitrator shall apply New York law (without giving effect to choice of law or conflict of laws) consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Participant’s, Participating School’s, and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vi) under no circumstances will Participant and/or a Participating School be permitted to obtain awards for, and Participant and a Participating School hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and Participant and a Participating School hereby waive any and all rights to have damages multiplied or otherwise increased. In no circumstance will Participant and/or Participating School be eligible to receive damages greater than the estimated retail value of the Reservation; (viii) the arbitrator shall not have the power to award punitive damages against the Participant, the Participating School, and/or Sponsor; (ix) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Participant and/or a Participating School is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Participant’s and/or a Participating School’s behalf, subject to ultimate allocation by the arbitrator; (x) if Participant and/or a Participating School is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Sponsor’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (xi) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and a Participant, Participating School, and/or Sponsor shall not be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.  

10.     NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts deliberately to undermine the proper administration of the Bookings in violation of these Terms and/or criminal and/or civil law.
Any trademarks in these Terms are used for identification purposes only and are the properties of their respective owners.  All rights reserved.