For those who enjoy entering photo contests, there’s “Beware” sign one should always look out for. I’m referring to the one being sponsored by Frommers, the travel book company – http://www.frommers.com/go/photocontest/.
The winner gets $5000! Sounds great! But read the fine print – (read my bold comment for a quick definition)
License: Participant retains ownership of the copyright in any submitted photographs. However, by entering photograph(s) in this Contest, participant grants Sponsor the irrevocable, perpetual right to edit, adapt, use and publish in any media now known or hereafter discovered any or all of the photographs without compensation to the participant, his or her successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS CONTEST CONSTITUTES PARTICIPANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF THE FOREGOING RIGHTS. Photograph(s) shall be given attribution credit based on the name supplied with submission. The winner shall work with Sponsor to change the file in any way deemed necessary for publication of the photograph(s). The participants shall supply, upon request, original, unmodified digital files.
What this means, one person wins big but EVERYONE gives their photos for Frommer’s to use without payment of ANY sort.
Participants, by participating in this Contest, hereby waive and release, and agree to defend, indemnify and hold harmless, Sponsor,all contest and advertising agencies, and their respective parents, subsidiaries, affiliates, distributors, and all of their respective officers, directors, employees, representatives and agents, and their respective successors and assigns (the “Indemnified Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from: their acceptance, possession, use or misuse of the prize in the Contest; or their participation in the Contest; or the use of the photograph, including without limitation any claims relating to violations of the Content Restrictions. Winner also further acknowledges that the Indemnified Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Contest including but not limited to quality, condition or fitness for a particular purpose.
What this means, if someone decides to sue Frommer’s because of mistake, they’re COMING AFTER YOU, not Frommer’s and you have to pay to defend them.
So take those photos and enter! It’s gotta be fun to live dangerously.