Starwood Hotels and Resorts Worldwide, Inc. is a hospitality ownership and management organization, headquartered in White Plains, New York. One of the world's largest hotel companies, it owns, operates, franchises and manages hotels, resorts, spas, residences, and vacation ownership properties under its nine owned brands. As of December 31, 2009, Starwood Hotels and Resorts Worldwide, Inc. owned, managed, or franchised 992 properties employing over 145,000 people, of whom approximately 34% were employed in the United States. Wikipedia
Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Bill of Rights campaign. The reviews are to help you decide whether you should participate in the competition or appeal. The only thing you need to understand is that when you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work (but see note 1 below). These rights are called intellectual property rights.
Rights have a value and you are free to decide what that value is. If a person or organisation would like to use your work to promote something, you have the right to refuse permission, or to set a fee for a specific use and decide how long they may use it. More information about intellectual property rights and their value to you as an individual can be read in our Guide to Rights & Licensing. Listed on the next tab are some competitions or appeals promoted by the above organisation. For each we detail how the organisation's terms and conditions will exploit your rights to their advantage for works you submit to their competition or appeal.
The main aims of the Bill of Rights Campaign are to help everyone understand that their intellectual property rights have a value and to encourage competition and appeal organisers to adopt the standards set out in the Bill of Rights for Artists.
Note 1. Rights for works created as an employee are usually owned by your employer.
Listed below in order of closing date are the competitions or appeals promoted by this organisation that have been reviewed by the Bill of Rights for Artists campaign. To see the review of each competition or appeal just click on its title and a window will open to reveal its details.
The following information is provided for each competition or appeal;
the terms and conditions that impact on your intellectual property rights for any works you submit;
an explanation of how the terms and conditions will affect you and the rights you have in any work you submit to it;
a list of any other organisations sponsoring the competition or appeal;
who you should contact and how to complain to the organisation concerned.
TERMS AND CONDITIONS
"3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Furthermore, in countries where English is not the native language, entrant confirms his/her understanding of English and the rules as written, and agrees to accept possible following communication in English as well.
For All Submissions: All Submissions will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. UPLOADING A SUBMISSION IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE SUBMISSION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. TO THE EXTENT ENTRANT HAS MORAL RIGHTS IN THE SUBMISSION, ENTRANT HEREBY WAIVES THOSE RIGHTS AND AGREES TO SIGN ANY NECESSARY DOCUMENTATION THAT MAY BE REQUIRED FOR SPONSOR OR ITS DESIGNEES TO MAKE USE OF THE RIGHTS YOU ARE GRANTING OR WAIVING.
7. Winner Requirements: Each potential winner will be notified by mail, email or phone on or around February 12, 2009. The potential Grand Prize winner for each Prize Pool will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) (if winner is resident of China, France or the fifty (50) United States); a Declaration of Compliance ("Declaration") (if winner is a resident of Canada); or a Confirmation of Eligibility form, and Liability/Publicity Release ("Confirmation") (if winner is a resident of the United Kingdom) in order to claim his/her prize.
If a potential winner cannot be contacted within three (3) days, fails to execute and return the Affidavit, Declaration or Confirmation within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, if time permits, after which the applicable prize will remain un-awarded.
Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. For Residents of France Only: French winners will receive a document called “eligibility/publicity release” designed to obtain his/her free consent to use his/her full names, likeness, city of residence and photographs for promotional purposes and without additional compensation. In any case, the lack of consent does not prevent the winner from receiving the prize."
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following notes explain how the above terms and conditions affect your rights in respect of any works you submit to the above competition or appeal.
The terms and conditions are claiming your copyright. You will no longer be the owner of your work, legal ownership will be transferred to the organisation. You will not be permitted to use or reproduce your work again without permission from the new owner.
The terms and conditions require you to waive your moral rights. This means you 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 if it is used to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work.
The terms and conditions do not state you will always be credited when your work is reproduced. It is one of your most important moral rights that you should be credited as the author of a work whenever it is reproduced.
The terms and conditions state that if you win, or are a potential 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.
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 5 years or less should be set with usage limited solely to promoting the competition or appeal. It is permissable to use winning works for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.
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 they 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 may help you to decide not to submit any works to this competition or appeal. For further guidance please read the Bill of Rights for Artists.
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 you can use the free image 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 12 December 2008
Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -
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
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.