Win an all-expenses paid trip to Iceland for two!

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#1
Win a free trip to Iceland with spending money as well!:

Sponsored by 500px, Skylum & Iceland Photo Tours

https://500px.com/quests/383/adventure-seeker

However:

"By entering a Contest requiring the submission of Entry Material, you grant to 500px a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and unlimited licence to use, reproduce, modify, adapt, translate or alter your entry (including the Entry Material), in whole or in part, in any media, for any purpose related to the Contest and in any media whatsoever, without further compensation or right of approval. By entering a Contest and submitting Entry Material you also agree to the 500px terms of service. You further agree to indemnify and hold harmless each of the Releasees (defined below) from and against any and all losses, damages, expenses, liabilities, claims and demands of whatever nature or kind (including reasonable legal fees and related costs incurred in the settlement or defence thereof) arising from any breach of the representations and warranties in these Contest rules, the Entry Material, or 500px’s use of the Entry Material in accordance with these rules"
 
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#6
And there will still be idjits* entering this because they think they might win something .. terrible
Why are they idiots? There choice if they want to enter.
 
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#8
I repeat, it is their choice.
 
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Graham
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#11
"for any purpose related to the Contest"
If they use it related to the contest I don't see the problem. If they use (sell?) it and it's used in a way not related to the contest then that's one for the lawyers.
But yes, the indemnity bit is a concern. If someone is included in your picture, takes exception to being featured in the competition and decides to get all legal about it.
 
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Jeff
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#12
Why are they idiots? There choice if they want to enter.
Read the rules , only someone who doesn’t care about there work would comply with them . If you can’t understand that then why do photography
 
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#13
Read the rules , only someone who doesn’t care about there work would comply with them . If you can’t understand that then why do photography
We constantly have this argument, my take on it is that once I take a photograph it is up to me what I do with it. No different to anything else I do. I also make things out of wood it is entirely up to me if I sell it (and at what price)or give it away (and wood actually cost me money) Doesn't mean I don't care about what I do, nor does it make me an idiot, I just take a different view.

In answer to your question why do photography? I do it because I enjoy it (although not as much as I used too) is there any other reason needed?
 
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Jeremy Moore
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#14
I can accept the rights grab for a decent return. What is completely out of order is the indemnity clause. You can't indemnify a publisher if you don't know how they are going to use the image.

No, it's a rights grab for anyone who enters - not for the winning entry...;...
 
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#17
That doesn't stop them being idiots. Why would you volunteer to take on a potential million pound law suit without control of the image?
So where is this potential law suit coming from? Get real.
 
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Graham
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#18
I would argue yes. It means anyone that enters stands to lose their rights whether they win anything or not. Perhaps not as bad as some grabs though.
They only want to use them "for any purpose related to the Contest" any other use would be un-related to the contest and therefore outside the agreement and open to the usual $h1tstorm of legal letters.

I'm not a lawyer and am happy to defer to anyone with more knowledge on the subject ie @DemiLion and possibly anyone else, but that's how I read it.
 
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#21
One of the three relevant companies launches an Ad campaign that inadvertently defames one of the subjects in your image.

Lawsuit results...
As I said earlier, get real. Firstly that scenario is so remote as to be improbable. Secondly even if it where possible, no point in suing me for millions as I haven't got that money.
 
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Mark
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#22
If you want to risk it, that's fine. My opinion of any one that does remains the same - they are idiots. Either that or a little bit thick.
 
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wayne clarke
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#23
As I said earlier, get real. Firstly that scenario is so remote as to be improbable. Secondly even if it where possible, no point in suing me for millions as I haven't got that money.
It's not that simple, while you might not have a million pounds you could end up loosing your home or car or other shiny objects like your camera if the worst happened and the bailiffs get sent.
It's not so much about the odds of it happening. It's more about putting yourself at risk for no good reason other than possibly winning a holiday.
Besides why should you indemnify three companies you don't know, and you have no idea what they'll do with your pic? They are getting it for nowt they should at least take the risks involved.
 
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#24
It's not that simple, while you might not have a million pounds you could end up loosing your home or car or other shiny objects like your camera if the worst happened and the bailiffs get sent.
It's not so much about the odds of it happening. It's more about putting yourself at risk for no good reason other than possibly winning a holiday.
Besides why should you indemnify three companies you don't know, and you have no idea what they'll do with your pic? They are getting it for nowt they should at least take the risks involved.
But the chances of this scenario are so small that to me it just scaremongering to support your position. By all means show me any cases where this has occurred. You know the ones where an amateur photographer has lost everything after being sued over a photograph he took.
 
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#25
It's not about the taking of the photograph, it's its end use that is the central issue.

You have absolutely no control of that and yet you are being asked to be legally responsible for the publication.

It's really not very hard to understand.
 
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#26
But please show me where an amateur photographer has lost everything after being sued over a photograph he took. (after all you maid the claim) Otherwise as I have already said you are using scaremongering to support your position.
 
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#27
It's not about the taking of the photograph, it's its end use that is the central issue.

You have absolutely no control of that and yet you are being asked to be legally responsible for the publication.

It's really not very hard to understand.
Honestly, I do understand that and I've no intention of entering, but I keep coming back to the bit I keep quoting. Surely any legal action would have to be the result of the image being used as part of the competition. (And I'm not saying this is 100% risk free.)
 
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wayne clarke
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#28
But the chances of this scenario are so small that to me it just scaremongering to support your position. By all means show me any cases where this has occurred. You know the ones where an amateur photographer has lost everything after being sued over a photograph he took.
Nobody is telling you not to go ahead and enter. Thats your choice.
Personally I wouldn't touch it with a 10 foot pole just on the rights grab which I object to. But the other clause is a joke.
I don't know if it's happened before (and I cant be arsed to search for you) but either way it could happen. The world has never been so litigious as it is now, everybody is looking to sue someone else, right down to the "professionally offended" who complain about anything.
It's your risk if you enter not mine. people are just advising, trying to help.
 

sirch

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Chris
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#29
What sort of photo is someone going to enter that would lead to a mega-bucks law suit anyway? And do 500px want a headline like 'I won a holiday but lost my house'. It seems like a pretty tiny risk in the scheme of things.
 
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#30
I also have no intention to enter, but do object whenever these sort of threads come up that some always jump on the "how bad are these companies" If we take some peoples comments on board we might as well not take any photos as I am sure some one will be offended somewhere.
 
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Gez
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#31
If you aren’t interested in entering a competition why would you look so deeply into reasons not to, is it just this competition you have a problem with or all competitions in general?
 
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Mark
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#32
If you aren’t interested in entering a competition why would you look so deeply into reasons not to, is it just this competition you have a problem with or all competitions in general?

In general, no I don't have a problem, not even with a lot of the rights grabs - it's a fact of modern photography.

But I do strongly object to the indemnity clause because that asks a photographer to warranty something over which they have no control.
 
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#33
In general, no I don't have a problem, not even with a lot of the rights grabs - it's a fact of modern photography.

But I do strongly object to the indemnity clause because that asks a photographer to warranty something over which they have no control.
It is likely a court would also take the same view. You can put what you like in a contract, doesn't always stack up in law.
 
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