Pro-Imaging

Procter & Gamble, Duracell; Recharge Your Batteries ends 8 August 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.

"By entering this Competition, entrants agree to be bound by the rules and by any other requirements set out in the promotional material.

The Promoter may use and publish any photograph submitted as part of this Competition, with or without the entrant's name, and by entering this Competition you agree to your entry being used by the Promoter at its discretion.

A total of 50 photographic entries will be published in an exhibition at the Getty Gallery in London between 29 September 2008 and 25 October 2008, including the main prize winner's entry, the 10 runners up entries and a further 39 top entries. If you're one of the 39 entrants which have not won a prize, you will be notified by email that your entry will be included in the Gallery Exhibition.

All entrants agree that their names, photograph and entry details may be used by the Promoter and Independent News & Media Ltd in an online Gallery on the Independent website without compensation at the Promoter's discretion until 31 December 2008. Entrants also agree that their names, photograph and entry details may be used by the Promoter and Independent News & Media Ltd in any media as examples of the type of photography people can take to enter this Competition. The main prize winner and the 10 runners up winners may also have their name, photograph and entry details published by the Promoter and Independent News & Media Ltd in an Independent Magazine special supplement in September 2008 at the Promoter's 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, Rules state a credit is always given to the photographer when the image is published
  
• Pass, 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

• 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 -

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. However, Procter & Gamble UK and Independent News & Media Ltd have gained the right to use all submitted images for ever in any medium they choose.

This competition is not recommended.

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Organisations - Procter & Gamble UK, Independent News & Media Ltd, Getty Images Gallery - London

Judges - Huggy Ragnarsson, photographer

Contact - Send enquiries about this contest to Procter & Gamble at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and to The Independent at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

© 2008 Pro-Imaging; Last updated on 19 July 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.