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National Geographic, #USA

About This Organisation

ImageAccording to their website the National Geographic Society say they have been inspiring people to care about the planet since 1888. It is one of the largest non-profit scientific and educational institutions in the world. Its interests include geography, archaeology and natural science, the promotion of environmental and historical conservation.

About This Report

Photo competitions and image appeals are notified to us by our contributors from around the world. Listed below are some photo competitions or image appeals promoted by the above organisation which have not met the standards set out in the Bill of Rights.

If the terms and conditions of a contest or appeal fail to meet the standards set out in the Bill of Rights the organisation is added to the Rights Off List and a report such as this produced. We have listed in this report the terms and conditions which failed the Bill of Rights to help the organiser carry out a review. The extracted terms and conditions are shown below in italics.

For advice on why failing to meet the standards set out in the Bill of Rights is a serious issue please read this article.

If at some future date a competition organiser decides to join the Bill of Rights Supporters Group, thus ensuring that all their contests will comply with the Bill of Rights, Rights Off reports for that organisation will be unpublished.

The purpose of the Bill of Rights Campaign is to provide education to the public about the value of rights and to encourage photography competition organisers to adopt the ethical practices set out in the Bill of Rights.

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2010 Energiser Ultimate Photo Contest

Closing Date 30 June 2010

RULES

1. How To Enter

By entering a photo in this Contest, Entrant grants a nonexclusive, transferable, royalty-free, worldwide license Sponsor and Energizer to edit, adapt and publish such photo in connection with the Contest and promotion of the Contest, and Sponsor may use the photo in connection with the Contest and promotion of the Contest for advertising, marketing and promotional purposes in commerce and in any and all media now known or hereafter known throughout the world in perpetuity, without attribution, compensation, permission or further notification to the entrant, his/her successors or assigns, or any other entity, unless prohibited by law. Except for the foregoing license, Sponsor does not claim ownership of any copyright in Contest Submissions.

Upon Sponsor’s request, each contestant must provide a signed written personal release and/or license from (1) all persons who appear in the photo submitted (or their parents or legal guardians if such persons are minors), and/or (2) the copyright owner of any sculpture, artwork or other copyrighted material that appears in the photo entry, authorizing use of the photo in Sponsor’s, Energizer’s and their respective designees’ editorial publications, advertising, marketing and promotions in connection with the Contest and promotion of the Contest, in any and all media now known or hereafter known throughout the world in perpetuity, without additional compensation, permission or further notification to said copyright owner, unless prohibited by law. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request will result in disqualification of contestant and the related entry. If a potential winner fails to provide such releases, s/he will be disqualified and an alternate winner will be selected in accordance with the procedures described herein. Click here for personal release/artist release

7. Winner Requirements

All 12 Finalists (of which one is the potential Grand Prize winner) will be notified whether or not they are the Grand Prize winner or a First Prize winner by mail, email or phone on or around September 16, 2010. The potential Grand Prize winner and each First Prize winner will be required to execute and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and (where permitted) Publicity Release (“Affidavit”) in order to claim his/her prize.

Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s, name, city, state, likeness, Contest entry and/or prize information in connection with the Contest, in commerce and in all media worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.

9. Conditions

By participating, entrants and voters also agree (a) to be bound by these Official Rules;

Extract from Artist Release

I hereby waive any right to inspect  or approve any copy that is used in connection with the photograph and release and discharge the Authorized Parties from any and all claims arising out of use by an Authorized Party for the purposes decribed above...... etc., etc.

Note that Authorised Parties are Energizer Battery, Inc., and NGHT, LLC, d/b/a National Geographic Digital Media, their designees, affiliates and licensees.  (d/b/a = 'doing business as'.)

PRO-IMAGING COMMENT

  1. The terms and conditions do not state that the entrant will always be credited when his work is reproduced.

  2. The terms and conditions state that potential winners are required to complete various additional forms, but the terms and conditions of the additional forms are not displayed on the competition website. The Bill of Rights requires all terms and conditions to be on display, even those additional ones that potential winners may have to agree to. It is not a normal business practice to only make some of the terms and conditions available then require a person to agree to all of the terms and conditions, including those unpublished.

  3. All entrants, whether winners or not, are granting the sponsor (& its designees) use of their work for ever, the Bill of Rights requires a time limit on usage to be set.

  4. All entrants are granting the sponsor usage beyond that needed to promote the contest, images will be used for other purposes, such as commercial purposes. The Bill of Rights requires usage to be restricted to promoting the contest, and no other purpose.

  5. The artist release requires the owner of an artwork in a photograph, to waive their moral rights in respect of how the Authorised Parties may use the photograph. The Bill of Rights prohibits the requirement to waive moral rights in contest terms and coditions.

  6. It is disappointing to see that National Geographic are not only claiming perpetual usage rights for themselves, they are also happy to hand over to a commercial organisation, Energizer Holdings, Inc., a free perpetual right to use entrants images.

The reader is referred to the Bill of Rights for more detail regarding the above issues.

SPONSORS

#Energizer Holdings, Inc.

CONTACT 

To complain to the organiser use this email address for their public relations department This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Pro-Imaging have notified this organisation about the publishing of this report.

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.

The Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 26 April 2010

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International Photography Contest 2009

closing date 31 October 2009

RULES

"By entering the Contest, all entrants grant an irrevocable perpetual, nonexclusive license to Authorized Parties, to reproduce, distribute, display, and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use."

SPONSORS

None Listed

CONTACT

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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.

The Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 25th November 2009

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Your Shot; National Geographic Magazine

Ongoing Competition

RULES

2. Rights Granted
By uploading a photograph, you agree to the Terms of Use (for rights granted, refer to Intellectual Property Issues, point 5; and to User Conduct, point 3).

From National Geographic Terms of Use;

5. By uploading material, posting comments, or providing other content to the Site ("User Content"), you grant National Geographic (which includes its subsidiaries, affiliates, joint venturuers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with NG Products. National Geographic may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such NG Products. An NG Product is defined as "a product of National Geographic, a subsidiary, affiliate, joint venturer, or licensee of National Geographic, in any language, over which National Geographic has "Editorial Control." For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the NG Product. You also agree that National Geographic may make User Content available to users of the Site who may display and redistribute it in the same way that National Geographic makes all other Content available.

SPONSORS

None Listed

CONTACT

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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.

The Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 25th October 2008

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See The Bigger Picture 2009

closing date 8 September 2009

RULES

Contest is open only to children who are between the ages of 6 and 16 as of August 31, 2009.

THE POTENTIAL WINNERS (AND THEIR RESPECTIVE PARENTS OR LEGAL GUARDIANS) ARE REQUIRED TO EXECUTE THE FOLLOWING: (1) AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE; (2) WARRANTY OF OWNERSHIP AND LICENSE; (3) PUBLICITY RELEASE; AND (4) ANY OTHER AFFIDAVITS, DECLARATIONS AND/OR RELEASES OR ADDITIONAL DOCUMENTS THAT MAY BE REQUIRED BY PRIZE SUPPLIER(S). UNLESS PROHIBITED BY LAW, THE POTENTIAL WINNER (AND PARENT/LEGAL GUARDIAN) MUST SIGN THESE DOCUMENTS NO LATER THAN 15 DAYS FROM THE DATE OF RECEIPT OF PRIZE NOTIFICATION IN ORDER FOR SPONSOR TO AWARD THE PRIZE. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND, AT SPONSOR'S DISCRETION, SELECTION OF AN ALTERNATE WINNER.

By entering the Contest, all entrants (and their respective parents and legal guardians) grant a royalty-free, irrevocable, perpetual, non-exclusive license to Sponsor, its designees, licensees and affiliates ("Authorized Parties"), to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic Kids Magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

Sponsor is National Geographic Society, 1145 17th Street, N.W., Washington, D.C. 20036-4688 ("Sponsor" or "NGS"). 

The above rules are the rules for international participants, there are a separate set rules for  residents of the USA and Canada but they are broadly similar, certainly with regard to rights abuse.

SPONSORS

#Airbus #United Nations #Convention on Biological Diversity #CBD

CONTACT

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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.

The Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 15th September 2009

 

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International Photography Contest 2008

closing date 31 October 2008

RULES

"By entering the Contest, all entrants grant an irrevocable perpetual, nonexclusive license to Authorized Parties, to reproduce, distribute, display, and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in National Geographic magazine or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use."

SPONSORS

None Listed

CONTACT

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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.

The Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 4th July 2009

 



The Bill of Rights Standards for Photography Competitions

Competitions which meet all the standards set out in the Bill of Rights 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

Image

The above text may be reproduced providing a link is given to the Bill of Rights For Photography Competitions.

Any text reproduced above in italics has been extracted from a competition 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. One of the campaign team will get in touch with you.

 
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