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2008 05 02 Adobe Design Achievement Awards

 

Adobe Design Achievement Awards ends 2 May 2008Image

The Rules of this Contest

Listed below are extracts from the rules of this competition. These extracts detail the rights being claimed from entrants.

"The semifinalists will be asked to donate the entry to the program for special purposes in support of extending the program in the community, such as providing semifinalists’ work to elementary or primary schools to inspire students"

"Finalists will be required to sign and return a liability release, declaration of eligibility, license agreement, and, where lawful, a publicity consent agreement, all within ten (10) days of receipt by winner as a condition of receiving a prize."

"Each Contestant agrees that if his or her entry is selected as a Finalist entry, as a condition of receiving a prize, Contestant shall sign a license agreement granting to Sponsor a royalty-free, non-exclusive, perpetual, worldwide license to use, reproduce, distribute, publicly perform, publicly display, modify for purposes of publicly performing and publicly displaying, and prepare derivative works based upon winner's entry, for the purposes of advertising and promoting Adobe products, and for inclusion in and distribution with Adobe products. To the extent that such a perpetual license is ineffective or unenforceable, Contestant shall sign a license agreement providing to Sponsor a royalty-free, non-exclusive, two-year (2), worldwide license to use, reproduce, distribute, publicly perform, publicly display, modify for purposes of publicly performing and publicly displaying, and prepare derivative works based upon winner’s entry, for the purposes of advertising and promoting Adobe products, and for inclusion in and distribution with Adobe products."

"Each Contestant further agrees to execute any and all documents necessary to effectuate such license. Each Contestant agrees that by submitting an entry, he or she allows the use of his or her personal data, name, likeness, and/or voice in publicity or advertising relating to the Contest without compensation."

Results of Testing the Rules

Listed below are the results of the tests we carried out on this competition's rules. The tests are all based on the standards set out in The Bill of Rights. By adopting these standards competition organisers can create competition rules that meet the needs of organisers and are fair and respectful to the rights of entrants. For each test a result is given which can be Pass of Fail. Competitions that pass all these tests go on The Rights On List, those that don't go on The Rights Off List.

If the rules are vague and we cannot determine whether the rules pass a particular test or not the result is shown as Unclear.  Where a test is not necessary the result is shown as N/A.

Click on any result below for more information about that specific test.

1 Copyright & Moral Rights 

  • Pass, All photographers entering the contest retain their copyright
  • Pass, The contest does not require any entrants to waive moral rights
  • Fail, A credit is always given to the photographer when the image is published
  • Fail, All the documents that must be completed by each entrant to participate in or win a contest are shown

2 Free Usage Durations Claimed

3 Commercial Usage Rights Claimed

  • Fail, Commercial usage is rights managed & time limited as per The Bill of Rights
  • Pass, Entrants are not required to sign commercial usage licenses

4 Declarations

  • Pass, The organisations that acquire rights are all named
  • Pass, This (or last) years Judges are named along with brief bio details

5 Contest End Date

  • Pass, The contest end date is within 16 months of the contest being announced

Conclusions

This contest fails The Bill of Rights because -

  • There is no statement limiting the duration of free usage as per The Bill of Rights
  • Winners are required to sign a document, failing which they will forfeit their prize, and this document is not displayed on the web site.
  • Commercial usage can be made of the photos but there is no time limited rights managed agreement to license and limit such usage
  • The rules do not state that the photos will always be credited

If you submit an image to this contest, although you can continue to license your image non-exclusively, you will lose forever the right to exclusively license your image. 

This contest is not recommended. 

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Organisations - Adobe Systems Inc., iStockphoto, MAXON, Nokia, Xerox, X-Rite, Mohawk Fine Papers, Netdiver, Original City Pictures, Saturday Night Magazine, The Creative Group, TransPerfect, Xerox Premier Partners, Behance, CMYK Magazine, Communication Arts, IdN, SXSW Interactive, TheKDU, tomatic

Judges 

Emily Chang, Ideacodes | Designer and Co-Founder | Contact
Joshua Davis, Joshua Davis Studios | Artist, Designer, Technologist|
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David Gensler, Keystone Design Union | President
Eric John , Forum Nokia | Marketing Director
Adrian Johnson, Adrian Johnson Ltd. | Illustrator |
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Maya Kopytman, C&G Partners | Associate partner |
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Michael Lebowitz, Big Spaceship | Co-Founder and CEO |
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Rebeca Mendez , Rebeca Mendez Design | Designer, Artist, Professor |
                    info at rebecamendez dot com
Tina Roth Eisenberg, Swissmiss Studio | Principal, Designer, Swissmiss |
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Joan Raspo, Independent Filmmaker, Designer, Educator |
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Stan Szymanski , Sony Pictures Imageworks | Sr. Vice President Digital
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Armin Vit , UnderConsideration | co-Founder |
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Contact - Send enquiries and views about this contest to Adobe and to any of the judges.

 

Image

© 2008 Pro-Imaging; Last updated on April 2008

The above text may be reproduced providing the Pro-Imaging copyright notice is displayed with a link to the Pro-Imaging website.

Text reproduced above in quotes has been extracted from the competition website for the purposes of review in this report.

NB. If the competition rules are changed after updated date shown above it is the competition organisers responsibility to notify Pro-Imaging of changes made.

 
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