Nothing Like Australia Competition

[Longshots]

After lobbying Tourism Australia on behalf of both AIPP and ACMP, they have finally chosen to make significant change to the Terms and Conditions of their competition.

Once they send me through the changes I will post an update,

[Longshots]

"Dear William



As discussed please see the new terms and conditions below.



Following on from our discussions and your feedback, the team had another look at the terms and conditions and made a couple of changes. The main changes are to clause 11 and we have deleted what was previously clause 45.



Thanks for your input on this.



If you have any queries please let me know.



Best regards



Kim

Kim Moore"

The new terms are on the Nothing Like Australia Website

[wilburwilde]

Just to add to this thread, Canon is having a competition, 'Canon Keepers'.

Rule 16
Entries cannot be returned. By entering the competition entrants agree and understand that their written entries and/or photos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph. Entrants under the age of 18 must seek a parent or adult/guardian’s permission to send any photo to enter a promotion.

Rule 19
As a condition of entering into this promotion, each entrant licences the Facilitator to use their entry in any media for an unlimited time for the purpose of conducting the promotion, including publishing the entries on the Canon website. As a further condition of entering into this promotion, each Finalist also licences the Promoter and the Facilitator to use their entry in any media for an unlimited time for the purpose of promoting this promotion or any future promotions or competitions of a similar nature or the products or services of the Facilitator.

Rule 22
The Promoter and/or the Facilitator reserves the right to request winners to sign a Winner’s deed of release or any other relevant forms or agreements that the Promoter and/or the Facilitator deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter and/or the Facilitator. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

Slightly worrying that photo comps all see to get your pics even if they so not win for LIFE.

Will

[Longshots]

Just to add to this thread, Canon is having a competition, 'Canon Keepers'.

Rule 16
Entries cannot be returned. By entering the competition entrants agree and understand that their written entries and/or photos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph. Entrants under the age of 18 must seek a parent or adult/guardian’s permission to send any photo to enter a promotion.

Rule 19
As a condition of entering into this promotion, each entrant licences the Facilitator to use their entry in any media for an unlimited time for the purpose of conducting the promotion, including publishing the entries on the Canon website. As a further condition of entering into this promotion, each Finalist also licences the Promoter and the Facilitator to use their entry in any media for an unlimited time for the purpose of promoting this promotion or any future promotions or competitions of a similar nature or the products or services of the Facilitator.

Rule 22
The Promoter and/or the Facilitator reserves the right to request winners to sign a Winner’s deed of release or any other relevant forms or agreements that the Promoter and/or the Facilitator deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter and/or the Facilitator. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

Slightly worrying that photo comps all see to get your pics even if they so not win for LIFE.

Will

Hi Will

Thanks for raising this. OK, I read these all of the time, and hadnt seen this one, which is disappointing as I thought I had a relationship with Canon which included being consulted on T&C before they're released. So I've immediately written to them as # 16 concerns me immensely.

Let me explain #19 and #22.

#19 is perfectly reasonable, that they ask for this "for the purpose of conducting the promotion, including publishing the entries on the Canon website" is important as they need that to run the competition. In simple terms, its normal and required to run the comp.

#22 proof of identity - again normal, and understandable. Entrants need to be indentified correctly. IMHO, its perfectly reasonable to ask for this.


Not happy with #16 though. Personally I believe this to be an error on Canon's behalf as opposed to a sneaky image grab. This is the worrying part, and one that is completely unacceptable from my position:

By entering the competition entrants agree and understand that their written entries and/or photos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph.

I will be asking them to remove that.


I'll keep you in touch with progress

[wilburwilde]

The only thing that worries me on number 22 is they state ANY paper work required to confirm identity. So possibly a paper with a sub clause hidden releaving the picture winner of all rights and royalties, and possibly ever being able to use the said pic again without copyright issues. Might just be my suspicious nature, but thats the first thing i thought. Thanks for clearing up on 19 though.

Will

[Longshots]

Dont blame you for being suspicious, but it clearly states what its for :

Rule 22
The Promoter and/or the Facilitator reserves the right to request winners to sign a Winner’s deed of release or any other relevant forms or agreements that the Promoter and/or the Facilitator deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize.

They wouldnt be able to get away with adding in anything other than proof of identity, and I very much doubt Canon would go to such deceptive practices.

[Longshots]

Just as an update. On the Canon Keepers competition:

I've just been informed by Canon, that unfortunately, for complicated reasons, (ie apparently its the competition promoters fault) the Canon Keepers terms and conditions cannot be changed for the better.

So my advice is not to support this competition. Read the terms and conditions very carefully. Once entered, not only are you effectively giving your image away, with an unrestricted licence for Canon and Pacific Magazines to do with it what they wish, but they will also be using your personal details for again whatever they want to do with them (you need to register just to read the terms and conditions!)

In their defence, I've been assured that Canon cannot seemingly do anything to change the T&C as its the responsibility of the promoter Pacific Magazines, who are not willing to change.

[bigdazzler]

Unfortunately, your average punter with any sort of camera sees competitions like these with a prize attached and never even bothers to read the fine print regarding image usage and a good percentage of the ones who do simply don't even care what happens to their shots after they have entered or even won a comp.

And thats the bottom line right there ... Copyright infringement and unauthorised use of images is more important to some then others, and obviously critical to working professionals that rely on getting paid for their work. Most Joe amateurs probably wouldnt know if their images are being used somewhere anyway. The minute you put an image on the internet you are risking that, even if it is lo res, watermarked, whatever.

[Longshots]

And thats the bottom line right there ... Copyright infringement and unauthorised use of images is more important to some then others, and obviously critical to working professionals that rely on getting paid for their work. Most Joe amateurs probably wouldnt know if their images are being used somewhere anyway. The minute you put an image on the internet you are risking that, even if it is lo res, watermarked, whatever.

Completely agree with both of you (big Dazzler/Darren and I @ M/Andrew). Both are quite right. With some terms and conditions, some are so bad that you are both liable for all future legal issues (like releases and other stuff), and once entered cannot be entered into any other competition.


So although I agree with all of the good points. Its also worth speaking out to at the very least, alert people to read the terms and conditions and see just what you're getting involved with.


Saying all of that, there are plenty of great competitions, with fair and honest terms and conditions, which are being announced almost every week.