Sierra Trading Post

About This Organisation

Sierra Trading Post

About this Organisation
"At Sierra Trading Post, we believe in business ethics. Every day, in all that we do, we vow to treat you the way we would want to be treated." http://www.sierratradingpost.com/lp2/corporate-stewardship/
About this Report

traffic-light-stopWhether you create poems, photographs, paintings or music, the law automatically grants you certain exclusive rights to that work. These rights are called intellectual property rights.

Rights have a value and you are free to decide what that value is. You have the exclusive right to control where, how, and under what conditions your work is used. More information about intellectual property rights and their value can be read in our Guide to Rights & Licensing.

The goal of any competition should be to celebrate the art work,
not exploit it for the organizer's commercial gain.

Sierra Trading Post's Share Your Adventure Photo Contest

TERMS AND CONDITIONS of note (click to open)

The Terms and Conditions link:
http://www.sierratradingpost.com/lp/disclaimer-sya-0512/

ENTRANT'S GRANT OF RIGHTS: By participating in the Promotion, each entrant irrevocably grants Sponsor and its agents and successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Submission in any way, for any reason, and in any and all media (including but not limited to the Contest Site), without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.

PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Parties and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Promotion Parties from any liability with respect thereto and as more fully set forth below.

Adult Model Release: If Submission contains images of people with recognizable features, entrant agrees that he or she has the permission of those models to use their images in association with this contest. Entrant does hereby release and discharge Sierra Trading Post and photographer from any and all claims and demands arising out of or in connection with the use of the images and content including without limitation any and all claims for libel or violation of any right of publicity or privacy. Entrant agrees that any adult model does hereby grant Sierra Trading Post:

    a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the model or in which entrant may be included intact or in part, without restriction as to changes or transformations in conjunction with model’s own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
    b) permit the use of any printed material in connection therewith.
    c) relinquish any right that model may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
    d) release, discharge and agree to hold harmless Sierra Trading Post, the photographer, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
    e) affirm that model is over the age of majority and has the right to contract in his or her own name.

Entrant has read the above authorization, release and agreement, prior to its execution; fully understands the contents thereof. This release agreement shall be binding upon entrant and entrant’s heirs, legal representatives and assigns.

Minor Model Release: If Submissions contains images of minors (children who are less than 18 years old or the age of majority in their state of residence by the date of submission) entrant agrees that entrant is the parent or legal guardian of such minors at the time Submission is uploaded for consideration in this contest. Entrant confers on Sierra Trading Post and the photographer the absolute and irrevocable right and permission with respect to the photographs taken of entrant’s minor child in which he/she may be included with others:

    a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the minor, of who entrant is parent or legal guardian, in which they may be included intact or in part, without restriction as to changes or transformations in conjunction with their own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
    b) also permit the use of any printed material in connection therewith.
    c) relinquish any right that entrant or entrant’s child the minor may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
    d) release, discharge and agree to hold harmless Sierra Trading Post, the photographer, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Parties relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, 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; … (iii) the arbitration shall be held in Wyoming, U.S.A.; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Wyoming law and United States law 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 entrant’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; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant 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 entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) 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 neither entrant nor Sponsor shall be entitled to arbitrate their dispute.

HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU

The following notes explain how the "Share Your Adventure Photo Contest" terms and conditions can affect your rights with respect to your entry.

  1. Terms and conditions are published without margins and in a tiny font that discourages readability. Terms and conditions must be easy to read and understand.

  2. The terms and conditions apply to ALL entries, even those that are "disqualified".

  3. The terms and conditions are claiming your copyright in certain circumstances (model releases). How an organizer can claim copyright on part of a photograph, or transfer a model's "copyright" without their knowledge, we do not know, but presumably you, and the model, will no longer be the owner of that part of your work. Legal ownership will be transferred to the Sierra Trading Post. Frankly, the model release part of the terms makes no sense and likely cannot be enforced.

  4. The terms and conditions require you to waive you and your model's moral rights. This means you or your model will not be able to object to how your work is used in future, such as it being altered in a manner you may find derogatory, or resold to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work.

  5. Under "Publicity Release", the organizer wants the right to "use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes,", which is a strange request because entrant already gave up moral rights (item #4, preceeding) that would have required attribution for use of the entry. Nonetheless, entrant has lost the right to object to how their entry and their name is used.

  6. The organizer is requiring that all disputes be arbitrated in the U.S. state of Wyoming. Furthermore, they claim that "(vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor;". It seems odd that if the dispute were regarding copyright (a federal statute), the organizer thinks that can be adjudicated in a private arbitration. Not likely.

  7. The terms and conditions are granting the organiser unlimited use of your work forever. 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. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition and offer an appropriate fee for the specific use they request. Of course, you have the right to refuse any further use, as well. For more information on fees and licensing refer to the Introduction to Rights and Licensing.

For further guidance please read the Bill of Rights for Artists, particularly our Bill of Rights Principles.

SPONSORS

Sierra Trading Post, Inc. 5025 Campstool Rd., Cheyenne, WY 82007

CONTACT

Contact the organiser using this Customer Service link and urge them to adopt the principles set out in the Artists' Bill of Rights.

If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser.

The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.

 

About the Artists' Bill of Rights

The Artists' Bill of Rights principles for Creative Competitions

Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -

  • claim copyright
  • claim exclusive use
  • seek waiving of moral rights
  • fail to give a credit for all free usage
  • add, alter, or remove metadata from submissions
  • seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
  • seek free usage rights in excess of 3 years
  • use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
  • make it a condition of winning that an entrant must sign a commercial usage agreement
  • fail to publish all documents on the competition website that an entrant may have to sign
  • fail to name the judges for this or last year's competition
  • fail to explicitly state all the organisations who will acquire rights to the submissions
  • set a closing date more than 18 months after the contest launch date
  • fail to make clear statements of rights claimed and how submissions are used.

We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.


© Bill of Rights Supporters Group

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The above text may be reproduced providing a link is given to the Bill of Rights For Artists.

Any text reproduced in italics in this report has been extracted from a competition or appeal website for the purposes of review.

Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. We look forward to hearing from you.