Call for Entries

[Scott Frye]

Audubon magazine has a call for entries with a curious restriction that I am trying to run down. Seems that certain states are probhibited from entering. Here is the FAQ from the Audubon web site.

Are there other residency restrictions?
State laws prohibit residents of seven states (Arizona, Louisiana, Iowa, Maryland, North Dakota, Tennessee, and Vermont) from entering.

I have written the magazine for the specific state law they are referring and I have written the Arizona Governor's office to try to get the specific law that is being referenced.

Arizona Game and Fish (a state government agency) currently has a photo contest with a cash award and the state sponsors a state lottery. I have no clue why they want to restrict my entering a photo into a contest.

Anyone have a clue about this issue?

Too much government.

[Kerry Perkins]

Scott, I saw this contest also and was wondering what the issue was with the restrictions. Doesn't seem fair to me... Curious to know what you find out. Was wondering if it had to do with the cash value of the prizes and state laws about online contests.

[Alfred Forns]

Would be interesting to find out Scott !!!

[Roger Clark]

Related: read all the rules and note:

"With respect to each participant’s Submission, participants hereby irrevocably grant Sponsor and Nature’s Best Photography a nonexclusive, worldwide, perpetual, fully-paid, royalty-free license to use the Photographs in any manner related to the Contest, including all associated reproduction, distribution and commercial and non-commercial exploitation rights in any and all media now known or hereafter invented, including, but not limited to: Audubon Magazine and all Audubon websites and blogs, Nature’s Best Photography Magazine and all Nature’s Best websites and blogs, any slideshows, brochures, newsletters, articles, calendars and publications related to the Contest; solicitations by Audubon for the Contest; promotions and communications in connection with the Contest; and physical and digital galleries and exhibitions of submissions for, and winners of, the Contest, including, but limited to, exhibitions of Contest submissions and/or winners at the Smithsonian Institute, Audubon Centers, Sanctuaries and offices, the AOL Pixcetera site and MSNBC’s Animal Tracks site. Participants may be required to execute any documents necessary to perfect such rights in the Sponsor and Nature’s Best Photography."

So the contest seems to be a fishing expedition for free photos, and you pay them.

---Just my opinion.

[Sabyasachi Patra]

Related: read all the rules and note:

"With respect to each participant’s Submission, participants hereby irrevocably grant Sponsor and Nature’s Best Photography a nonexclusive, worldwide, perpetual, fully-paid, royalty-free license to use the Photographs in any manner related to the Contest, including all associated reproduction, distribution and commercial and non-commercial exploitation rights in any and all media now known or hereafter invented, including, but not limited to: Audubon Magazine and all Audubon websites and blogs, Nature’s Best Photography Magazine and all Nature’s Best websites and blogs, any slideshows, brochures, newsletters, articles, calendars and publications related to the Contest; solicitations by Audubon for the Contest; promotions and communications in connection with the Contest; and physical and digital galleries and exhibitions of submissions for, and winners of, the Contest, including, but limited to, exhibitions of Contest submissions and/or winners at the Smithsonian Institute, Audubon Centers, Sanctuaries and offices, the AOL Pixcetera site and MSNBC’s Animal Tracks site. Participants may be required to execute any documents necessary to perfect such rights in the Sponsor and Nature’s Best Photography."

So the contest seems to be a fishing expedition for free photos, and you pay them.

---Just my opinion.

Unfortunate. I thought this competition was better.

[Fabs Forns]

As far as I know, all contests have the same requirements to use the winning pictures at their discretion in advertising the contest and/or exhibits.
Can anyone show me one that does not?

[Roger Clark]

Fabs,
Look at the Natures Best contest rules (unfortunately they are closed for this year and I could not find a way to get to the rules page). They have very limited use related to the contest and promotion of the contest and no other companies, nor do they say perpetual use in all commercial activities. The Audubon contest is very encompassing and includes many companies and pretty unlimited commercial rights.

[Fabs Forns]

NB and Audubon are doing this contest together. As a matter of fact, I got a banner for the contest sent to me by NB's publisher. Unless Audubon, being a non-profit, decided to make larger use of the image, it may be a cya statement. Almost all of the use they are claiming is related to the Contest. The year I won, all images were published in MSNBC, with proper credit given to photographers. I was not upset at that :)

I had never any problem with NB overuse of my image, neither with NANPA. In fact, NANPA needed one of my images to use on their fair booth, and I had to sing a different release form because it would be for a period longer than the year they specify for the contest.

I would have no problem entering the contest, since I retain my copyright.

[Marie Read]

Audubon magazine has a call for entries with a curious restriction that I am trying to run down. Seems that certain states are probhibited from entering. Here is the FAQ from the Audubon web site.

Are there other residency restrictions?
State laws prohibit residents of seven states (Arizona, Louisiana, Iowa, Maryland, North Dakota, Tennessee, and Vermont) from entering.

This is the reply about this issue that is from the FAQ page:
********
Why are residents of the seven excluded states ineligible?
Each of these states prohibits contests that require an entry fee to participate.
********

I tend to agree that the rights required by Audubon seem rather extensive.

Marie

[Paul Marcellini]

Most contests claim rights to promote the same contest for the next year. Perpetual is a word that keeps me from ever entering.

[Fabs Forns]

World known professionals like Artie Morris and Andy Rouse don't have a problem entering contests. Both are Nature's Best winners and they continue to make money off their pictures.
Should we worry about it?

[Linda Dulak]

I thought this would be interesting to post to this thread information from another list and may be important for photographers in other states as well. This came from Maryland when someone contacted the Attorney General's office about this curious restriction. I suggest that others also contact their State Attorney General.


Please be advised that we have been in touch with Audobon Magazine as
well as the State Lottery Commission. The State Lottery Commission
has advised that it does not believe that there are any prohibitions
under the laws it regulates to prevent the magazine from opening its
contest to Maryland citizens despite the fact that a fee is charged.
The type of contest described is also exempt from the Maryland laws
that this office regulates, as it is considered a game of skill. As
such, the Audobon Magazine would not be prevented from offering this
contest to Maryland citizens as a result of charging a fee.

In addition, we have been contacted by other persons about this same
issue and we have advised that each person should file a complaint
with our office that would allow us to formally notify the Society as
well, but to date, I don't believe we have received a formal
complaint. In the meantime, you should print this email and provide
this with your submission to notify the magazine that we do not
believe that their exclusion of Maryland is based on a correct
understanding of Maryland law. It is our hope that with this
information, they will accept your submission.

Linda
--

[Jim Neiger]

I noticed some other odd things about this contest. The Grand Prize is worth less than the first prize in either the pro or amateur catagories and the amateur first prize is worth over $22000 while the pro first prize is worth les than $3500. This doesn't seem to make sense to me.

FYI: The deadline for this contest has passed.