Pro-Imaging

The Neilsen Company t/a Photo District News (PDN), #USA

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ensuring that all their contests will comply with the Bill of Rights, Rights Off reports for that organisation will be unpublished.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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Pix Digital Imaging Contest

Closing Date 15 August 2008

RULES

The competition website references two set of terms and conditions, a set of terms and conditions that refer specifically to the contest itself, and a set of terms and conditions that refer specifically to the use of the competition website.

On the contest website the contest terms and conditions state - "These conditions set out the entire agreement between Photo District News and you relating to your use of this website.", but confusingly, the competition website refers to another "Terms of Use" and these go on to claim further rights from those making submissions.

In analysing the rules of this contest both sets of terms and conditions have been taken into account.

From the Contest T&C's

"Submission of an entry acknowledges the right of PDN to use it for publication in the November 2008 issue exhibiting the PIX Digital Imaging Contest, PDNonline.com and exhibition and promotions related to PIX Digital Imaging Contest 18 months following the contest. 

CONSENT AGREEMENT: Submitted materials will not be returned. Photo District News is not responsible for the loss or damage of any entry. Submission of an entry to the contest automatically constitutes the contestant's acceptance of all conditions set forth in the above rules. It also acknowledges the right of Photo District News to use the entry for publication in the November 2008 issue, PIX Digital live gallery, the PIX Digital Contest Web site and PDNonline.com Web site.

Except as explicitly permitted under this or another agreement with Photo District News or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Photo District News or its licensors unless otherwise expressly agreed.

Photo District News NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE"

From The Website Terms of Use

"3b. You acknowledge that any submissions you make to the Service may be edited, removed, modified, published, transmitted, and displayed by Nielsen and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

3c. By submitting information to the Service, you hereby grant to Nielsen, its affiliates and related entities (collectively, “Nielsen”) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You shall also indemnify, defend and hold Nielsen harmless for any liability, damage, claim and loss arising due to the use or distribution of those materials. You further grant Nielsen the right to use your name or user name in connection with the reproduction or distribution of such material."

SPONSORS

#Photoserve.com  #Photoplus  #Crumpler  #Samsung

CONTACT

Use this contact page and click on the email address for the Director, Corporate Media Relations.

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 10 August 2008

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

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.