ottor
No longer a newbie, moving up!
- Joined
- Feb 7, 2009
- Messages
- 935
- Reaction score
- 173
- Location
- S. Idaho
- Can others edit my Photos
- Photos OK to edit
Was just notified that I won 3rd place in a photo contest for a local Insurance company... got a PrePaid $50 Visa card... This is one of my favorite photos, but I'm not in the "Business" of photography.... I take pic's for a hobby... They want me to sign this "Winners Agreement" and there are a couple of phrases that concern me... I stuck this in a contest to be 'judged' and become a possible 'winner', and I didnt' join this with the intent of giving them all rights to my picture....
Perhaps I'm getting alarmed for nothing, but I thought I'd let some Pro's look at this and tell me what some risks are...
Winner's Agreement
1.
Photos. All photos submitted to FBM must be taken in the state of Idaho by the person submitting the photo. FBM has
complete discretion whether a photo is displayed, and if displayed, how it is displayed and how long it is displayed. FBM
reserves the right to alter any photograph submitted for this contest. By submission of a photo, each Contestant will be
participating in the FBM photo contest and be eligible for prizes or awards as stated in the contest rules.
2.
Agreements of Contestants.
1. Granting of Copyright and Acknowledgment of Right to Submit. A Contestant has the right to submit one or
more photos for display in the Photo Gallery. By submitting a photo to the Photo Gallery, Contestant grants to FBM
a perpetual non-exclusive, royalty-free and irrevocable right to place that photo in the Photo Gallery and to use,
reproduce, copy, publish, display, distribute, adapt, modify or otherwise exploit that photo and to incorporate it in
other works and to sell, license, or otherwise commercially utilize that photo.
2.
Confirmation of Agreement. By submitting a photo to the Photo Gallery, Contestant warrants to FBM that:
1.
They have read and are bound by the terms of this Agreement.
2.
They are at least 18 years old and are the photographer that took the picture being submitted.
3.
They own and have the legal right to submit the photo to the Photo Gallery and to grant to FBM the rights
described in this Agreement.
4.
That they have obtained all required releases from any persons who are recognizable in the photo and from
any persons who have provided any materials appearing in the photo.
5.
That FBM's copying, publishing, displaying, or otherwise utilizing the photo will not infringe upon the
rights of any other party.
6.
They waive any right of attribution, integrity or otherwise with respect to FBM's copying, publishing,
displaying, or otherwise utilizing the Photo.
7.
They agree that FBM may use Contestant's name in publicity or advertising of the photo without
compensation to the Contestant.
8.
They recognize that FBM has no liability for any unauthorized use of the photo by third parties.
3.
Restrictions on Photo Viewers. Any person viewing the Photo Gallery ("Photo Viewer") has no right to store or reproduce
any photo displayed in the Photo Gallery for their personal use. A Photo Viewer may not use, publish, display, sell, license, or
otherwise commercially utilize any photo in the Photo Gallery or incorporate that photo in any other works. A Photo Viewer
may vote on the quality of photos, but may only submit one vote per photo.
4.
Indemnification. Each Contestant or Photo Viewer individual accessing the Photo Gallery agrees to indemnify and hold
FBM harmless from any loss, liability, damage or expense (including attorney fees) suffered or incurred by FBM as a result
of a breach of his/her warranties or commitments in this Agreement.
5.
Discontinuance or Change of Photo Gallery. FBM reserves the right, in its discretion, to modify or discontinue the Photo
Gallery at any time for any reason.
6.
Modification of Terms and Conditions. FBM reserves the right, in its discretion, to modify the terms and conditions of this
Agreement at any time by posting such modifications in the Photo Gallery. Any Contestant who submits a photo to the Photo
Gallery and any Photo Viewer who accesses the Photo Gallery to view photos will be bound by such posted modifications.
7.
Applicable Law Jurisdiction. This Agreement is being made under and will be interpreted in accordance with the law of the
State of Idaho. The exclusive jurisdiction and venue for any action to interpret or enforce the terms of this Agreement shall be
a State or Federal Court in the State of Idaho and FBM, each Contestant and each Photo Viewer expressly consents to that
exclusive jurisdiction and venue.
As a Contestant or Photo Viewer I agree to all of the above terms and conditions
Signature
Date
Print Name:_____________________________________________ __________
__________________
Perhaps I'm getting alarmed for nothing, but I thought I'd let some Pro's look at this and tell me what some risks are...
Winner's Agreement
1.
Photos. All photos submitted to FBM must be taken in the state of Idaho by the person submitting the photo. FBM has
complete discretion whether a photo is displayed, and if displayed, how it is displayed and how long it is displayed. FBM
reserves the right to alter any photograph submitted for this contest. By submission of a photo, each Contestant will be
participating in the FBM photo contest and be eligible for prizes or awards as stated in the contest rules.
2.
Agreements of Contestants.
1. Granting of Copyright and Acknowledgment of Right to Submit. A Contestant has the right to submit one or
more photos for display in the Photo Gallery. By submitting a photo to the Photo Gallery, Contestant grants to FBM
a perpetual non-exclusive, royalty-free and irrevocable right to place that photo in the Photo Gallery and to use,
reproduce, copy, publish, display, distribute, adapt, modify or otherwise exploit that photo and to incorporate it in
other works and to sell, license, or otherwise commercially utilize that photo.
2.
Confirmation of Agreement. By submitting a photo to the Photo Gallery, Contestant warrants to FBM that:
1.
They have read and are bound by the terms of this Agreement.
2.
They are at least 18 years old and are the photographer that took the picture being submitted.
3.
They own and have the legal right to submit the photo to the Photo Gallery and to grant to FBM the rights
described in this Agreement.
4.
That they have obtained all required releases from any persons who are recognizable in the photo and from
any persons who have provided any materials appearing in the photo.
5.
That FBM's copying, publishing, displaying, or otherwise utilizing the photo will not infringe upon the
rights of any other party.
6.
They waive any right of attribution, integrity or otherwise with respect to FBM's copying, publishing,
displaying, or otherwise utilizing the Photo.
7.
They agree that FBM may use Contestant's name in publicity or advertising of the photo without
compensation to the Contestant.
8.
They recognize that FBM has no liability for any unauthorized use of the photo by third parties.
3.
Restrictions on Photo Viewers. Any person viewing the Photo Gallery ("Photo Viewer") has no right to store or reproduce
any photo displayed in the Photo Gallery for their personal use. A Photo Viewer may not use, publish, display, sell, license, or
otherwise commercially utilize any photo in the Photo Gallery or incorporate that photo in any other works. A Photo Viewer
may vote on the quality of photos, but may only submit one vote per photo.
4.
Indemnification. Each Contestant or Photo Viewer individual accessing the Photo Gallery agrees to indemnify and hold
FBM harmless from any loss, liability, damage or expense (including attorney fees) suffered or incurred by FBM as a result
of a breach of his/her warranties or commitments in this Agreement.
5.
Discontinuance or Change of Photo Gallery. FBM reserves the right, in its discretion, to modify or discontinue the Photo
Gallery at any time for any reason.
6.
Modification of Terms and Conditions. FBM reserves the right, in its discretion, to modify the terms and conditions of this
Agreement at any time by posting such modifications in the Photo Gallery. Any Contestant who submits a photo to the Photo
Gallery and any Photo Viewer who accesses the Photo Gallery to view photos will be bound by such posted modifications.
7.
Applicable Law Jurisdiction. This Agreement is being made under and will be interpreted in accordance with the law of the
State of Idaho. The exclusive jurisdiction and venue for any action to interpret or enforce the terms of this Agreement shall be
a State or Federal Court in the State of Idaho and FBM, each Contestant and each Photo Viewer expressly consents to that
exclusive jurisdiction and venue.
As a Contestant or Photo Viewer I agree to all of the above terms and conditions
Signature
Date
Print Name:_____________________________________________ __________
__________________