Enter a Competition and Give Away Your IP Rights?

LFungi on 08/09/2025 - 13:06

I’m curious to get a few other takes on an ever-spreading issue I’ve been noticing lately.

Essentially, it boils down to this - (example copied directly from a t’s and c’s with entity name redacted)

“By participating, entrants grant “XXYY”exclusive permission to use their names, characters, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.“

I’ve started seeing this in the T’s and C’s for an increasing number of competitions, and frequently as with the example above, it’s not just the winner that hands over appearance rights for promotion, which is generally reasonable, but each and every entrant. And an exclusive license, no less. Some are worded even more loosely, so don’t get too caught up on this one specific example being the limit of what they might ask.

Is this even legal?

Worst case as I see it, some years down the track they could potentially sub-license your identity to endorse a product or service without your permission, knowledge, or ability to even dispute it.

General Discussion

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  • LupinS on 08/09/2025 - 15:24

    Pretty much the standard for a while.

    I personally don't understand why anyone would enter a "like us" "share us" type comp for this exact reason. Hell, I don't even enter "X words" ones cause they own what you wrote.

  • Alan6984 on 08/09/2025 - 21:47

    Good points.

    When I enter competitions which, to be fair, is not that often, I use a unique, one-time email address, and a mobile number that never rings anywhere, and just goes to voicemail which gets emailed to me.

    So, if I don't win, I can't see them getting anything from / about me at all without going to a lot of trouble, and why would anyone bother when there is so much other low-hanging fruit in that respect.

    If I did win, then I would have to decide whether to collect or not! A bridge to be crossed at the time I guess :-)

    • Coolbro on 08/09/2025 - 22:52

      How do you set up voicemail to email?

      • amcheapdude on 09/09/2025 - 07:07

        Spark offers it, not sure about other options

        • Alan6984 on 09/09/2025 - 12:34

          Yep - some TelCos offer it and other don't.

          For example, last time I was on Kogan, I could not do it, but that was a couple of years ago at least.

  • amcheapdude on 09/09/2025 - 07:10

    It's standard for a while
    To top it off, some people also pay for the 'privilege' to enter these comps. It's a bit of a scam, basically like a raffle especially when you can pay per entry. Pay to sell your IP and often prize isn't worth it either, not sure why so many photos like the idea of claiming being award winners when it's just junk situations like this. My rant for the week 🤣

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