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2008 06 11 Viewtyful World Photo Contest

 

Viewtyful World Photo Contest ends 11 June 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.

"3.6. As conditions of entry into this Promotion, and by uploading a Photograph, you:

  • (a) ......
  • (b) ......
  • (c) ......
  • (d) irrevocably grant to the Promoter, the Sponsor and its subsidiaries and affiliated companies, a royalty-free, perpetual, non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display the Photograph in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party."

"4.3 In addition to the Weekly Prize, the Grand Prize Winner will win the “Grand Prize” as follows:

  • (a) have their winning Photograph included in a LG Viewty advertisement which will appear in National Geographic Magazine; and
  • (b) a cash prize of US$10,000 for sole rights to said picture."

"4.4 A condition to the award of the Grand Prize to the Grand Prize Winner will be that the Grand Prize Winner shall assign to the Promoter absolutely all rights, title and interest, including copyright and the Grand Prize Winner shall do all things as may be required to vest such interest in the Promoter prior to receiving the Grand Prize."  

"5.7 It is a condition of accepting a prize that the Winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion."

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
  • Fail, 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
  • Commercial usage is 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
  • The organisations that get rights to use the photos are not all listed
  • The judges are not listed

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.

If you are a winner you will be required to sign a form the contents of which are not displayed on the competition website.

This contest is not recommended. 

###

Organisations - Ethan & Alice Marketing, Inc, National Geographic Magazine, Viewtyful World Flickr Group, LG Mobile Phone. Note for LG you will need to register first to get access to the contact form

Judges - One Judge appointed from National Geographic Magazine

Contact - Send enquiries and views about this contest to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ,  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , Viewtyful World Flickr Group, and to LG Mobile Phone. Note to access the LG Mobile Phone contact form you will need to register first, sorry!

 

Image 

© 2008 Pro-Imaging; Last updated on 11 June 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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