Pro-Imaging

60th Anniversary Photographic Competition; Relationships Australia ends 26 June 2008 

The Rules of this Contest

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

"22. Each entrant assigns to the Promoter all copyright and other intellectual property rights in each photo and description sent in as part of an entry in this competition. 

Each entrant acknowledges that the Promoter, as owner of the copyright in the photographs and descriptions, may reproduce the photographs and the descriptions in any media or marketing for any purpose without permission or payment. 

The entrants agree to waive all their rights, including moral rights, in the photographs entered by the entrants in this competition."

"25. All entries, including photographs and images, and any copyright subsisting in the entries become and remain the property of the Promoter. 

The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate award prizes.  If the personal information requested is not provided, the entrant may not participate in the promotion.

By participating in the promotion, each entrant also acknowledges that a further primary purpose for collection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages. 

The Promoter may share information with its Australian related companies or promotional partners who may contact entrants in this way with special offers.  By entering the promotion, each entrant agrees that the Promoter may use entrants’ personal information in this manner. 

Each entrant also agrees that the Promoter may publish or cause to be published the winner’s name and locality in any media as required under the relevant lottery legislation.  Entrants can also gain access to, update or correct any personal information by contacting the Privacy Officer at Telephone: 9288 3000, Mail: 2 Holt Street, Surry Hills, NSW 2010.  All personal information will be stored at the office of the Promoter.  A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.

"27 It is a condition of accepting the 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 

• Fail, All photographers entering the contest retain their copyright
• Fail, The contest does not require any entrants to waive moral rights
• Fail, Rules state 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

• Fail, The organisers free usage is time limited as per The Bill of Rights
  
• Fail, The sponsors free usage is time limited as per The Bill of Rights
• N/A, Book usage is time limited as per The Bill of Rights
  
• Fail, free usage only promotes the contest or is used for a book 

3 Commercial Usage Rights Claimed

• Fail, A statement clarifying the commercial usage position is present as per The Bill of Rights
• 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

• Fail, 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 -

If you submit and image to this contest you will lose all rights to it and will not be able to license it again. 

This contest is not recommended. 

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Organisations - Relationships Australia, The Weekend Australian Magazine, Credit Union Australia , Brother, Olympus

Judges -

Anne Hollonds is national vice-president and CEO of Relationships Australia, NSW.

Greg Weight, Sydney photographer, fine art & portraiture. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Christine Westwood is the picture editor of The Weekend Australian Magazine .

Contact - Send enquiries about this contest to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

© 2008 Pro-Imaging; Last updated on 13 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 the updated date shown above it is the competition organisers responsibility to notify Pro-Imaging of changes made.