Hallmark Pet Photo Comp - Photo Comp Watchdog Alert

[Longshots]

Hallmark Pet Photo Competition

Yet another photographic competition with extremely unnecessarily harsh and unfair terms and conditions.


Why you should not enter Hallmarks Pet Photo Competition.

Simply by entering you give the rights to your image to Hallmark. Yep another one ! At first I thought, yes this is possibly ok, they appear to be just asking for unlimited, in perpetuity licence from finalists and winners. But then term #20 is the usual crap image grab term.

To those who produced this poor competition at HALLMARK, the general public would surely support an honest and fair competition, not one that has this term ! And because of this term I would definitely not support this competition – be aware!


I’ll be contacting Hallmark today.


Here’s the offending terms:



20. When an entrant submits any materials via the Promotion including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. The Promoter reserves the right to crop, adjust or modify the Content (including text and images) in any manner. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any third party intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms.

21. Entrants agree that if their entry is selected as a winner, that they will not use, or allow someone else to use, the Content for publically available commercial purposes, including, but not limited to, greeting cards, or advertisements.

22. All entries (which shall include photographs) submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant warrants to the Promoter that each entry submitted is an original artistic work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).



William Long – Photographic Competitions Watchdog

[Kym]

Hallmark are cheap bastids! Its not like they are poor.

Onya William!

[Lani]

Thanks for pointing that out....a lot of people don't read the fine print and therefore don't realise what they are agreeing to. Yet another company trying to get images for nothing.

[kiwi]

I know a fellow shooter who had a photo selected for a birthday card by Hallmark last year, he did quite nicely out of it, so, there is certainly a bit to lose here if they use a free one.

[Kym]

Just in case... In my game (Software) I will write software in exchange for good glass, i.e. Pentax prime limiteds, or maybe a Tamron 90mm Macro

[Watchamacallit]

I'm not surprised at this, legal but underhanded. I'm sure some people will be very grateful for you pointing this out William.

[ozwebfx]

gee, without looking at the other terms I really take offense at this: "the right to crop, adjust or modify the Content (including text and images) in any manner"

[chamellieon]

they're basically doing what brisbane marketing did to me a few years back.

trawled redbubble for my art, found what they wanted, contacted me for a copy.
told me that they'd pay me $120 for a 1 year licence, later, i got a receipt from their accounts dept which had "2 year licence" on it. and they still modified my image.

Oh well, at least it was only one i took on my p&s many moons ago and not something i actually liked. but still.

[Longshots]

they're basically doing what brisbane marketing did to me a few years back.

trawled redbubble for my art, found what they wanted, contacted me for a copy.
told me that they'd pay me $120 for a 1 year licence, later, i got a receipt from their accounts dept which had "2 year licence" on it. and they still modified my image.

Oh well, at least it was only one i took on my p&s many moons ago and not something i actually liked. but still.

Well, they're not actually. Nothing like it. At least you got paid. And it was your decision to accept that licence.


What this is, is a seeming pretence of a competition. You enter, and as soon as you agree, you give - note that word - "give" your image away for free. And you indemify them in perpetuity that you have the talent (yep pets do need releases as well !) release for that pet/person etc. So there is no financial reward, unless of course you also happen to be a winner, or a finalist. Note that every entry gives away their rights. Oh and the other good thing is that you also agree not to display or use the entered image in any commercial (yep back to that what is commercial again) environment ever - again - note the word "ever".

Yep its the entrants choice to enter the competition. Few people bother to read terms and conditions though - because mainly you accept or assume that a large organisation wouldnt be so underhand to make it so difficult to understand.

Gee if it was soo clear to understand the terms and conditions of this (and many like it) competition, then the person that is responsible for this at Hallmark, wouldnt have been sio surprised when I pointed out the numerous cause for concerns.

[OzzieTraveller]

G'day all

1- like the rest of you I am horrified by these terms & conditions
2- I do not know "Hallmark" as a business ... but "IF" it is Hallmark Greetings Cards then please be aware that it is owned by Microsoft Corporation, USA

Regards, Phil

[Kym]

http://www.artofnature.sa.gov.au/aon...t.jsp?xcid=220

30. The entrant grants DENR and the competition sponsors the right to free
reproduction and exhibition of all photographs in association with the
promotion of this competition. This includes, but is not limited to, the
production of a touring exhibition, an exhibition publication in the form of
a book or catalogue, a 2011 calendar, screensavers, e-postcards and
greeting cards. Due photographic credit will be given.

31. The entrant grants DENR and the South Australian Tourism Commission the
right to free reproduction of all photographs entered in association with
the products and services of the department and tourism commission. This
includes, but is not limited to, publications, posters, flyers, signage,
calendars, websites and other digital or print media. Due photographic
credit will be given.

32. All entrants agree to participate in any media activities associated with
the competition.

From the T&Cs via the FAQ

[Xenedis]

My advice is this:

1. always read the T&Cs of any competition; and
2. if the T&Cs aren't compatible with you, don't enter.

[Longshots]

Great advice Xenedis.


But - is it unfair of the average individual to expect major organisations, and especially government organisations to offer something that is real ? And not to attempt to deceive and mislead the "consumers" ? Some of these T&C require specialised legal experts to comprehend what they really contain.

Most people simply assume that their government would be doing the right thing, and not be allowed to support or even produce their own forms of deceptive practices. They rely on current loop holes in laws that would and should protect individuals from such deliberately deceptive practices.

[Kym]

I don't mind them using the winners (prize getters) images for free as they are compensated (via the prize).
But all entrants? That's just wrong!

Yes, people should read the T&Cs but most don't even know what to look for and how they are being ripped off.

[piXelatedEmpire]

2- I do not know "Hallmark" as a business ... but "IF" it is Hallmark Greetings Cards then please be aware that it is owned by Microsoft Corporation, USA

Hallmark has always been, and still is, a family owned business. Microsoft Corporation do not own Hallmark.

[Longshots]

This isnt anything to do with ownership - if you want to contend the company's ownership - for whatever reason, go to their website and get the info correct. Its not a family business. but thats not the point of this topic. But to quote from their site :

Hallmark in Australia

In 1955, under the leadership of Mr T. A. McKay "The Specialty Press" based in Little Collins Street, Melbourne, was appointed Australian licensee to Hallmark Cards of Kansas City, USA. The original staff of Hallmark, consisted of five people with a range of eight Everyday Cards and sixteen Christmas designs.

In 1958, Hallmark introduced the first everyday promotion to be marketed in Australia, 'Elegance in Gold'. By 1960, Hallmark was being distributed through major retailers. The head office and manufacturing plant transferred to one centralised location at 611 Blackburn Road, North Clayton.
In 1979 the company became a subsidiary of Hallmark Cards Incorporated, Kansas City, USA and changed name to Hallmark Cards Australia Limited. Then, in 1994, Hallmark Cards, Inc. purchased remaining 20% of Hallmark Cards Australia Limited from employee shareholders; and Hallmark Cards Australia Limited became a wholly owned subsidiary of Hallmark Cards, Inc

So regardless of who owns the company - it is still a competition with very worrying terms and conditions to the point that they are IMHO a disgrace !