Who reads these?
December 13, 2014 at 1:28 PM #2958
One rather well know company runs at time a contest for people to participate in. In submitting an entry, the user certifies they have read the rules. Deep inside several pages is this:
“By submitting an Entry, you hereby grant Sponsor, its
licensees, distributor, agents, representatives and other authorized users, a perpetual, exclusive,
irrevocable, royalty-free, sub-licensable, and transferrable (in whole or in part) license throughout the
universe under all copyright, trademark, patent, trade secrets, moral and privacy and publicity rights and
other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit,
distribute, index, comment on, modify, create derivative works, perform, and otherwise exploit such
Entry, in whole or in part, in all media formats now known or hereafter devised (including on Sponsor
sites, on third party websites, on broadcast and cable networks and stations, on broadband and wireless
platforms, and on physical media) for any and all purposes including entertainment, news, advertising,
promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or
without attribution, and without the requirement of any permission from or payment to you or to any
other person or entity.”
Now, while I’m not a lawyer, doesn’t this sound like I’ve given away (even if I don’t win) almost everything I’ve ever owned, or will own?December 15, 2014 at 6:21 PM #2962
I don’t generally read them (8,000 words at a busy rental car counter, are you kidding me?) but I’ve skimmed some.
Is that a photo contest? They’re asking for the right to use a copy in the future for any purpose (which they wouldn’t normally have). They could sell copies of your entry (but they’re not preventing you from doing the same). I guess that’s how they’ve deciced to recoup some of the costs of the contest. Also, it’s probably easier to demand this up front, rather than try to negotiate those rights the winners.December 15, 2014 at 7:49 PM #2963
No, there was no submission of any kind for this — just a very basic entry form asking for name, address, phone number, email address, and date of birth. There would be 5 winners drawn at random, and each would receive an all-expense trip (6 days, 5 nights) for two to China. At the bottom of the entry form, with some very simple information, ended with “For additional terms and conditions, please refer to the Official Rules.”, where the “Official Rules” is a link to 5 pages of stuff.
Since there is no intellectual property involved, I have to assume they are applying this to any that I own. And, I don’t have to be a winner for them to invoke this — simply submit an entry.December 15, 2014 at 8:18 PM #2964
Hmm, it’s impossible to say without knowing what the additional terms and conditions are.December 15, 2014 at 8:24 PM #2965
Well, I copied in what bothered me in my original post. Not sure if I should give a link to the entire 5 page of “Official Rules”.December 15, 2014 at 8:47 PM #2966
The rights you’re licensing seem to refer to ‘the entry’, but since it’s just a name & address I can’t see what value that would be, but then I’m not in marketing.
“to use, reproduce, transmit, display, exhibit,
distribute, index, comment on, modify, create derivative works, perform, and otherwise exploit such Entry
But it’s possible additional terms could change the meaning of the section you posted.
You must be logged in to reply to this topic.