Smashbox Contest Ugly Rules

June6

As usual I was kicking around on the forums on modelmayhem.com today and I saw that a photographer had researched the rules of the advertised “SmashBox Cosmetics Contest” this is his post hope it helps.

Smashbox (herein “SB”) has ads for its two contests all over this site and elsewhere. Part of the contest is a sweepstakes, IMHO, of marginal legality.

The more dangerous issue is the other contest in which Smashbox seeks photo submissions from models, MUA’s, and photographers.

I have never seen a longer batch of rules. Only a humble paralegal or scrivener or lawyer is patient enough and has the understanding to discern the evil hidden within the verbiage. I have seldom seen more of a ripoff.

Ignoring a bunch of evil stuff, I will summarize the two main problems.

1. MERELY BY SUBMITTING PHOTO(S), you give SB rights to use them FOREVER, for ANY purpose, in ANY media and way. Not only are you giving a totally unlimited license, the verbiage arguably has you transferring copyright ownership and all other rights as well, which would deprive the rights owners even of use of their own images.

2. YOU AGREE TO PAY ALL OF SB’S PURPORTED LEGAL FEES AND OTHER EXPENSES, if there is any dispute over the photos. That’s what “Indemnification” means. Whether a bogus claim or not. Thus if you are a model or MUA submitting, and the photographer later sues or threatens to sue, SB will cross-complain against you, and you will be bankrupt within a month. If you are a photographer submitting, you would get stuck if a model makes even a bogus claim as to her own image. Here’s another interesting scenario: you, a photographer, discover that a model has in her naivete, submitted YOUR photos to the SB ripoff. You contact SB. Their lawyers reply (don’t worry; they’ve already pre-written these letters) in fancy language, saying in effect: “Screw you, little guy. We’ll grind you down with paperwork if you sue. And if you actually do sue, we’ll cross-complain against the poor model, it’ll destroy her life, and you’ll look like the villain. So take your rights and shove ‘em.”

Two more comments:

1. Smashbox deserves to be villified. Widely and vigorously. Other companies that have attempted rights grabs, including major photo contests, Yahoo, and others, have backed off in the face of public criticism.
2. The rulers of MM may want to reconsider whether they should be hosting ads for such a scam.

From: Glamour Pics MM# 30188

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