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Competition Winner Terms

  • 27-11-2014 10:43am
    #1
    Registered Users, Registered Users 2 Posts: 2,367 ✭✭✭


    Hi All,

    I recently won a prize in an internal company promotion its only a small prize of 100USD voucher for Kickstarter...

    To claim I was sent a big long list of T&C's to sign and return but one paragraph jumped out to me:

    Release For [A COMPANY] to Publish That I Won.
    To the extent permitted by law, I give [A COMPANY], the right to use and publish my name,
    user name, voice, video, likeness, photograph, and prize information (altogether “Name and Likeness”) throughout the universe
    and forever, by any and all means, devices, processes and technology, and in all language and in all media, now known or
    hereafter invented, contemplated or devised, for advertising, promotional, regulatory compliance and/or other purposes related
    to the Promotion without notice to me and without further compensation. I reserve no rights with respect to such uses. [A COMPANY] is
    free to assign the rights I’ve granted to [A COMPANY] to anyone [A COMPANY] chooses. I acknowledge that I have read the privacy policy, that I
    understand it, and that I hereby waive any prohibition against the release of my Name and Likeness as it relates to identification
    of me as a winner or as permitted above and in the Rules.

    I have removed the company name just in case. I am considering turning it down but would love to hear legal advice on the wording of it on a high level.


Comments

  • Closed Accounts Posts: 3,357 ✭✭✭Beano


    Do you not want it publicly known that you have won the competition?


  • Registered Users, Registered Users 2 Posts: 2,367 ✭✭✭fionny


    Beano wrote: »
    Do you not want it publicly known that you have won the competition?

    I dont mind my name going out as a winner but I do mind the wording that from what I can tell gives them the right to use any aspect of me for ever more in pretty much any context.

    Wanted to get peoples opinion on the wording as im quite far from a legal head.


  • Registered Users, Registered Users 2 Posts: 1,098 ✭✭✭NamelessPhil


    The section you've quoted states that to the extent permitted by law they are entitled to use your name and image only in so far as it relates to the competition and only if you consent to it.

    This is not legal advice.


  • Registered Users, Registered Users 2 Posts: 2,367 ✭✭✭fionny


    Thanks :)


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    I look forward to seeing your holographic likeness spouting Klingon on the Ross 128 system.


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  • Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    fionny wrote: »
    Hi All,

    I recently won a prize in an internal company promotion its only a small prize of 100USD voucher for Kickstarter...

    To claim I was sent a big long list of T&C's to sign and return but one paragraph jumped out to me:

    Release For [A COMPANY] to Publish That I Won.
    To the extent permitted by law, I give [A COMPANY], the right to use and publish my name,
    user name, voice, video, likeness, photograph, and prize information (altogether “Name and Likeness”) throughout the universe
    and forever, by any and all means, devices, processes and technology, and in all language and in all media, now known or
    hereafter invented, contemplated or devised, for advertising, promotional, regulatory compliance and/or other purposes related
    to the Promotion without notice to me and without further compensation. I reserve no rights with respect to such uses. [A COMPANY] is
    free to assign the rights I’ve granted to [A COMPANY] to anyone [A COMPANY] chooses. I acknowledge that I have read the privacy policy, that I
    understand it, and that I hereby waive any prohibition against the release of my Name and Likeness as it relates to identification
    of me as a winner or as permitted above and in the Rules.

    I have removed the company name just in case. I am considering turning it down but would love to hear legal advice on the wording of it on a high level.

    They can use it in relation to "the Promotion" ....... is that defined?

    It might mean the competition ..... but maybe it is broader than that?


  • Registered Users, Registered Users 2 Posts: 2,367 ✭✭✭fionny


    Its fine as long as its limited to that im not pushed the way my non legal mind read it was they were basically getting rights to use my images wherever.


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