competition entries are non-returnable

[Neo]

i would dare any organiser to dispute the rights of any photographer whose photographs were not selected and not being imbursed.

since singapore is under the common law system, i would love to see any judge pass a case law giving us photographers our fairness regarding such terms and conditions.

~MooEy~

Hi MooEy,

You might be right about this, but the problem is how many of us have got the time, money and resources to hire a lawyer to slug it out with the organizer (which might be big companies)? Once I spot anything that is disadvantageous to me as a photographer, I usually avoid entering the competition at all costs.

 

[MooEy]

dun worry la, even they claim to have exclusive rights over ur photo, just use ur photo anyway u wan. nobody in the right mind will bother abt suing u over that clause in their entry form.

~MooEy~

 

[acroamatic]

Assuming the organisers are "in the right mind" in the first place...

The terms of agreement are legal and enforceable. Most companies would have sufficient financial clout (compared to the average photographer) to enforce those terms and would probably not hesitate doing so.

Best not to participate if you don't agree with the terms.

 

[vince123123]

actually, consideration is not often a primary means to invalidate a contract, only seen in textbooks

in any event, for this case, it may be possible to state the consideration as being "the chance to win the competition". much like when u purchase a lottery ticket.

and as Neo said, its unlikely you'd want to spend that type of money to test it out n see if you can invalidate the term/contract.

hmm..to me the print isn't that important. main thing is still the copyright, the rights to ur photographs.

one qns i have to raise here, does the organisers of the competition really have exclusive rights to ur photos just by stating a simple line in their terms and conditions?

if we look at it as a contract, the clause would not be binding. one important element of contract is not present, and that is consideration. the clause would be pretty much the same as saying "as long as u invite me into ur store, everything i see in this shop belongs to me, without me paying for anything".

i would dare any organiser to dispute the rights of any photographer whose photographs were not selected and not being imbursed.

since singapore is under the common law system, i would love to see any judge pass a case law giving us photographers our fairness regarding such terms and conditions.

~MooEy~

 

[MooEy]

why i say nobody with the right mind will sue u over the photo, main thing is what they get out of suing u. i guess the most the court would ever grant is injunction, probably deliver up/destruction of unauthorized photos. damages not likely. i would rather settle the problem out of court rather than go to court and waste money.

anyway, even if there is consideration and the contract is binding. one can easily feint innocence by claiming that i did not read that clause, or simply stating that you do not understand the clause. hey i'm a photographer, not a lawyer.

but a better argument would be claiming that the clause is unfair and one sided. as the participant, we have no bargaining powers over the clauses in the entry form. nobody ever write to a organizer, ask that organizer to redraft another entry form without that clause specially for you.

~MooEy~