Stonyfield Farm Inc. is a USA based company located in Londonderry, Newhampshire, making a range of natural/organic/soy-yogurts, smoothies, ice cream and milk. It was founded in 1983 by Samuel Kayman as an nonprofit farming school and sold yogurt to fund the school. It is a large concern now and 80% of Stonyfield Farm shares are owned by the French giant Danone. Danone expected Stonyfield's turnover to grow to $375 by 2008. According to a Supply Chain Quarterly report on May 28 2010 Stonyfield Farms sales exceeded $300 million last year.
Stonyfield Inc. have a commendable policy of giving 10% of their profits to efforts that help protect or restore the earth. Organisations that wish to benefit from this program can apply for a Profits for the Planet (PFP) grant. Part of their committment to the environment is a program to decrease the emmision of global warming gases from cows. According to a Stonyfield report on their website they have reduced cows enteric emissions by 12% while improving the quality of the milk.
The CEO, Chairman and President of Stonyfield Farm is Gary Hirshberg, referred to by the company on their website as 'CE-Yo'.
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.
A copy of this report was submitted to the organisation to help them review and change their terms and conditions. We also took the opportunity to invite them to join the Bill of Rights Supporters' Group. This would have enabled them to enjoy the benefits of being a member of a group which supports and respects others' intellectual property rights. Unfortunately the negotiations did not conclude successfully.
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
The YoBaby Organic Cutie Photo and Video Contest (the "Contest") is sponsored by Stonyfield Farm, Inc. ("Stonyfield"), 10 Burton Drive, Londonderry, NH
Assignment of Rights. By submitting an entry, including a photo or video, each contestant assigns and transfers to Sponsor all rights, title and interest in and to the photo or video, including without limitation the copyright therein, and thereby waives and relinquishes any and all moral rights recognized by law, including, but not limited to, rights or attribution and integrity. Contestants will receive no compensation from Sponsor for the photos or videos Submitted in connection with the Contest. Contestant agrees that Sponsor shall have the absolute right, among other things, to deal with or use, or to refrain from using, the photo or video submitted in any form, in any media known or hereafter developed, and for any lawful purpose whatsoever which Sponsor in its sole judgment may choose, without notification to or approval by and without any further consideration to contestant or any other party, except where prohibited by law.
The rights in the photos and videos herein described include rights in the photos and videos of every kind, nature and description, including, but not by way of limitation, (a) the right to secure copyright and copyright registrations of the photos and videos anywhere throughout the world, in Sponsor's name or otherwise, including the right to secure renewals or extensions of such copyrights and registration in Sponsor's name or otherwise; (b) any publication rights therein, in whatever form or media now known or hereafter developed; (c) the right to publicly display, reproduce, make derivative works of, distribute, use, re-use, license, exploit, sell or otherwise dispose of the photos and videos in any manner and for any lawful purpose Sponsor determines in its sole discretion, including, but not limited to, the right to use the photos and videos on any web site or social media web site of Sponsor or its parent, subsidiaries and affiliated companies; (d) the right to modify, edit, adapt, copy and prepare "derivative works" (as defined under the U.S. Copyright Laws) based upon the photos and videos; (e) any and all rights of integrity, attribution, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like; and (f) any and all subsidiary rights therein.
Affidavit of Eligibility and Release/Delivery of Prizes. The potential prize winners may be required to sign and return to Sponsor, within ten (10) days of the date notice is provided, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her prize(s) if applicable.
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.
#Green Toys, Inc. #Annies, Inc. #Seventh Generation, Inc. #Eco Lips, Inc. #Stride Rite Children's Group LLC #Honest Tea, Inc. #Clementine Art, Incorporated #Late July Snacks, LLC #Nurture, Inc. d/b/a Happy Baby and Happy Family #Family Protraits, LLC
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 28 May 2010
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.