Sample Terms and Conditions

For Photo Competition Entrants and Organisers

Having discussed the need for and purpose of competition terms and conditions this article will be rounded off by displaying the kind of terms and conditions that would be used in competitions that meet all the provisions set out in the Bill of Rights. 

Note that competition terms and conditions can be lengthy and cover much more than just the rights the organiser needs to use entrants images. In this example we are only going to look at the terms and conditions that concern the rights the entrant is required to grant the organiser and the entrants responsibilities regarding other peoples rights.

The terms and conditions from the contest are displayed in italics below - comments to explain their meaning will be displayed in the normal font.

Setting out the Entrants Responsibilities

1 Copyright and Permissions

1.1 By submitting images to this contest you confirm that for each image submitted -

1. You alone are the author of your image and that it is your original work,

2. You are the sole copyright holder,

3. You have not licensed any rights in the image that conflict with the usage rights required by Organization Name,

4. You have the permission of any persons in the image, or if they are under 16, the consent of their parent or guardian, to grant the usage rights required by Organization Name,

5. You have permission from the owners of property shown in the image to grant the usage rights required by Organization Name,

6. That it does not include trademarks, contract rights, or any other intellectual property rights of any other third person or entity,

7. That it does not contain  names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead,

8. That it has not been a winning or shortlisted entry in any other competition,

9. You will be responsible for any claim made by any third party in respect of Your entry and to fully indemnify Organisation Name and its sponsors in respect of all royalties, fees and any other monies owing to any person or entity by reason of Your breaching any of the foregoing.

1.2 Organisation Name reserves the right, in its sole discretion, to disqualify any entry that does not comply with any of the above, even after the entry is submitted on the competition website.

The above terms and conditions make clear that it is the entrants responsibility to ensure that the photographs they submit do not infringe any other person or organisations rights.

For example, you must not submit a photograph owned by someone else, or submit a photograph that contains a trademark. Should you do so, or any of the other actions listed above, and claims arise against the organiser, you, as the entrant, will be fully responsible for meeting all costs that the organiser may incur due to your breaching any of the requirements listed above.

They also make clear that it is the entrants responsibility to obtain permissions from people portrayed in their photograph in order that it may be used by the competition organiser.

Defining Unacceptable Content

2 Unacceptable Content

2.1 Organisation Name reserves the right, in its sole discretion, to disqualify any entry -

1. That contains personally identifiable visual information about You or any other person,

2. That contains threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content,

3. That contains any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

2.2 You agree to fully indemnify Organisation Name and its sponsors in respect of all costs owing to any person or entity arising by reason of Your breaching any of the foregoing.

The above terms and conditions make clear the kind of images that are unacceptable to the organiser, that the organiser has a right to disqualify offending entries and that you, as the entrant, will be responsible for any costs incurred by the organisers as a result of you breaching these conditions.

Respecting the Photographers Rights

1. Organisation Name respects photographers rights and does not claim ownership or copyright for images You submit to this contest, You will retain full ownership and copyright in each entry.

2. In addition your moral rights are respected. Whenever Your image is published by Organisation Name (and its partners) You will be credited.  Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.

This makes clear that the entrant retains full ownership and copyright in each image they submit to the contest. A re-assuring statement which usually appears just before terms and conditions specify the rights that the organiser does need to promote the contest. In addition it makes clear that an entrants moral rights are respected.

Defining the Rights the Organiser Needs

4. Use of Images

4.1 By entering this contest You agree agree that any (winning or shortlisted) image You submit may be used by Organisation Name (and its partners) solely for marketing and promotional purposes of this contest or future contests and no other purpose, these uses include;

1. judging the competition,
2. displaying the entries on the competition website (and websites of partners),
3. displaying the entries at public exhibitions to promote the competition,
4. displaying the entries in a book, magazine or similar,
5. publishing the entries on posters to promote the competition,
6. publishing the entries on postcards to promote the competition,
7. publishing the entries on a calendar to promote the competition,
8. cropping and re-sizing the image as necessary to fit pre-defined formats to promote the competition,
   
9. sub-licensing the entries to the press for reproduction in connection with the competition and any related exhibition,
10. inclusion within any materials promoting the competition or any exhibition of images from this competition organized by Organization Name

4.2 You hereby grant Organization Name a non-exclusive, irrevocable licence in each Entry throughout the world  in all media for the uses described in 4.1 above for 2 years following the date of announcement of the winners on 31 August 2009.

4.3 You acknowledge Your responsibility for protecting your Entry against image misuse by third parties, by for example, but not limited to, the insertion of a watermark. Organization Name and its Partners can assume no responsibility and are not liable for any image misuse.

4.4 Should any image uses beyond those needed to promote the contest arise You will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.

The above sample terms and conditions makes clear that the organiser (and partners) require a license to use each image entered by the contestant, that it is non-exclusive, worldwide, irrevocable (you cannot change your mind) and for a maximum of two years starting on the 31st of August 2009. Contests that comply with the Bill of Rights will always specify a usage period of five years or less.

The terms and conditions also detail the way in which the photographs will be used and that by entering the competition you are granting the organiser a license to use the images you submit in the ways specified.