2010 Energiser Ultimate Photo Contest; closing date 30 June 2010
Closing Date 30 June 2010
TERMS AND CONDITIONS
1. How To Enter
By entering a photo in this Contest, Entrant grants a nonexclusive, transferable, royalty-free, worldwide license Sponsor and Energizer to edit, adapt and publish such photo in connection with the Contest and promotion of the Contest, and Sponsor may use the photo in connection with the Contest and promotion of the Contest for advertising, marketing and promotional purposes in commerce and in any and all media now known or hereafter known throughout the world in perpetuity, without attribution, compensation, permission or further notification to the entrant, his/her successors or assigns, or any other entity, unless prohibited by law. Except for the foregoing license, Sponsor does not claim ownership of any copyright in Contest Submissions.
Upon Sponsor’s request, each contestant must provide a signed written personal release and/or license from (1) all persons who appear in the photo submitted (or their parents or legal guardians if such persons are minors), and/or (2) the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photo entry, authorizing use of the photo in Sponsor’s, Energizer’s and their respective designees’ editorial publications, advertising, marketing and promotions in connection with the Contest and promotion of the Contest, in any and all media now known or hereafter known throughout the world in perpetuity, without additional compensation, permission or further notification to said copyright owner, unless prohibited by law. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request will result in disqualification of contestant and the related entry. If a potential winner fails to provide such releases, s/he will be disqualified and an alternate winner will be selected in accordance with the procedures described herein. Click here for personal release/artist release
7. Winner Requirements
All 12 Finalists (of which one is the potential Grand Prize winner) will be notified whether or not they are the Grand Prize winner or a First Prize winner by mail, email or phone on or around September 16, 2010. The potential Grand Prize winner and each First Prize winner will be required to execute and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and (where permitted) Publicity Release (“Affidavit”) in order to claim his/her prize.
Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s, name, city, state, likeness, Contest entry and/or prize information in connection with the Contest, in commerce and in all media worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
9. Conditions
By participating, entrants and voters also agree (a) to be bound by these Official Rules;
Extract from Artist Release
I hereby waive any right to inspect or approve any copy that is used in connection with the photograph and release and discharge the Authorized Parties from any and all claims arising out of use by an Authorized Party for the purposes decribed above...... etc., etc.
Note that Authorised Parties are Energizer Battery, Inc., and NGHT, LLC, d/b/a National Geographic Digital Media, their designees, affiliates and licensees. (d/b/a = 'doing business as'.)
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
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The artist release requires the owner of an artwork in your photograph, to waive their moral rights in respect of how the Authorised Parties may use the photograph. This means they will not be able to object to how their work is used in future, such as it being altered in a manner they may find derogatory, or if it is used to promote a product or cause they find objectionable. They have also lost your right to be credited as the author of their work.
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The terms and conditions do not state you will always be credited when your work is reproduced.
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The terms and conditions state that if you are a winner you are required to complete various additional forms, but the terms and conditions of these additional forms are not displayed on the competition or appeal website. This is like being asked to sign a blank cheque. It is not an acceptable business practice to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions that will ultimately apply.
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The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.
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The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work will be used for other purposes. Usage of your work should be restricted solely to promoting the competition or appeal. If the organisation wishes to use your work for any other purpose the organisation should negotiate with you independently of the competition. You should have the right to negotiate an appropriate fee for the specific use they want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work. For further information on fees and licensing refer to the Introduction to Rights and Licensing.
The above explanations may help you to decide not to submit any works to this competition or appeal. For further information please read the Bill of Rights for Artists.
SPONSORS
#Energizer Holdings, Inc.
CONTACT
To complain to the organiser use this email address for their public relations department
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Pro-Imaging have notified this organisation about the publishing of this report.
To visit the competition website click the competition title above to submit the free image we have created. Note that the competition link may cease to work at some point after the competition results are announced.
You can help the Bill of Rights campaign by complaining to the organiser urging them to change their terms and conditions. If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser. Alternatively, or as well as, you can submit the free image we have prepared to register your complaint simply by entering the free image to the contest.
Where a contest automatically displays entrants images on the contest website as they arrive the free image can also be used to test the competition and determine if it is stripping metadata. The test results can be submitted to a survey by the Controlled Vocabulary Group.
The Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 26 April 2010
