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Stonyfield Farm Inc

About this Organisation

Traffic Light Stop signStonyfield Farm Inc. is a USA based company located in Londonderry, Newhampshire, making a range of natural/organic/soy-yogurts, smoothies, ice cream and milk. It was founded in 1983 by Samuel Kayman as an nonprofit farming school and sold yogurt to fund the school. It is a large concern now and 80% of Stonyfield Farm shares are owned by the French giant Danone. Danone expected Stonyfield's turnover to grow to $375 by 2008. According to a Supply Chain Quarterly report on May 28 2010 Stonyfield Farms sales exceeded $300 million last year.

Stonyfield Inc. have a commendable policy of giving 10% of their profits to efforts that help protect or restore the earth. Organisations that wish to benefit from this program can apply for a Profits for the Planet (PFP) grant. Part of their committment to the environment is a program to decrease the emmision of global warming gases from cows. According to a Stonyfield report on their website they have reduced cows enteric emissions by 12% while improving the quality of the milk.

The CEO, Chairman and President of Stonyfield Farm is Gary Hirshberg, referred to by the company on their website as 'CE-Yo'. 

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 do not comply with the standards set out in the Bill of Rights a report such as this produced and a link to it is added to the Rights Off List. We have listed in this report the terms and conditions not in compliance with 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 comply with 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contests will comply with the Bill of Rights, the Rights Off report for that organisation's competition(s) will be unpublished.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 standards set out in the Bill of Rights.

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The YoBaby Organic Cutie Photo and Video Contest

Closing Date 6 June 2010

RULES

The YoBaby Organic Cutie Photo and Video Contest (the "Contest") is sponsored by Stonyfield Farm, Inc. ("Stonyfield"), 10 Burton Drive, Londonderry, NH

Assignment of Rights. By submitting an entry, including a photo or video, each contestant assigns and transfers to Sponsor all rights, title and interest in and to the photo or video, including without limitation the copyright therein, and thereby waives and relinquishes any and all moral rights recognized by law, including, but not limited to, rights or attribution and integrity. Contestants will receive no compensation from Sponsor for the photos or videos Submitted in connection with the Contest. Contestant agrees that Sponsor shall have the absolute right, among other things, to deal with or use, or to refrain from using, the photo or video submitted in any form, in any media known or hereafter developed, and for any lawful purpose whatsoever which Sponsor in its sole judgment may choose, without notification to or approval by and without any further consideration to contestant or any other party, except where prohibited by law.

The rights in the photos and videos herein described include rights in the photos and videos of every kind, nature and description, including, but not by way of limitation, (a) the right to secure copyright and copyright registrations of the photos and videos anywhere throughout the world, in Sponsor's name or otherwise, including the right to secure renewals or extensions of such copyrights and registration in Sponsor's name or otherwise; (b) any publication rights therein, in whatever form or media now known or hereafter developed; (c) the right to publicly display, reproduce, make derivative works of, distribute, use, re-use, license, exploit, sell or otherwise dispose of the photos and videos in any manner and for any lawful purpose Sponsor determines in its sole discretion, including, but not limited to, the right to use the photos and videos on any web site or social media web site of Sponsor or its parent, subsidiaries and affiliated companies; (d) the right to modify, edit, adapt, copy and prepare "derivative works" (as defined under the U.S. Copyright Laws) based upon the photos and videos; (e) any and all rights of integrity, attribution, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like; and (f) any and all subsidiary rights therein.

Affidavit of Eligibility and Release/Delivery of Prizes. The potential prize winners may be required to sign and return to Sponsor, within ten (10) days of the date notice is provided, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her prize(s) if applicable.

PRO-IMAGING COMMENT

  1. The terms and conditions are claiming the entrant's copyright. The Bill of Rights does not permit this.

  2. The terms and conditions require the entrant to waive their moral rights. The Bill of Rights does not permit this.

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

  4. The terms and conditions state that potential winners are required to complete various additional forms, but the small print of these additional forms is 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.

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

  6. All entrants are granting the sponsor usage beyond that needed to promote the contest, images will be used for other purposes. The Bill of Rights requires free usage to be restricted to promoting the contest, and no other purpose. If organisations wish to use the entrants images for any other purpose the Bill of Rights permits this providing a fee is negotiated with the creator.

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

Pro-Imaging are surprised that a company that operates such a commendable ethical policy as giving ten percent of their profits to fund environmental programs should use such appalling terms and conditons, terms and conditions which entirely strip entrants of all the rights to their work granted to them by the law. For the moment we give the benefit of the doubt and assume that the company hired legal people to draft these terms and conditions and are unaware, nor understand, that the lawyer concerned has indulged in extreme rights grabbing.

We have written to the CEO of Stonyfield Farm, Gary Hirshberg, in the hope that he too will be dismayed to discover that these terms and conditions do no credit to his company.

SPONSORS

#Green Toys, Inc.  #Annies, Inc.  #Seventh Generation, Inc.  #Eco Lips, Inc.  #Stride Rite Children's Group LLC  #Honest Tea, Inc.  #Clementine Art, Incorporated  #Late July Snacks, LLC  #Nurture, Inc. d/b/a Happy Baby and Happy Family #Family Protraits, LLC 

CONTACT 

To complain to the organiser write to the CEO of Stonyfield Farm Inc., Gary Hirshberg, using this email address; This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Pro-Imaging have notified Gary Hirshberg 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. Alternatively, or as well as, you can submit the free image we have prepared to register your complaint simply by entering the free image to the contest.

Where a contest automatically displays entrants images on the contest website as they arrive the free image can also be used to test the competition and determine if it is stripping metadata. The test results can be submitted to a survey by the Controlled Vocabulary Group.

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

Updated on 28 May 2010

 


 

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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