Photobox is probably the most widely used UK online printing service for photographers, so it is particularly surprising that they would run a competition with such predatory terms of entry as 'Spirit of Adventure'. The terms of entry include:
* Images submitted may be used by Photobox, Shoot Experience Ltd, Intrepid Travel and their partners for future publicity and commercial purposes. The copyright remains with the owner.
* All standard Photobox terms & conditions apply
* All standard Shoot Experience terms and conditions apply, see website for details.
As if this isn't greedy enough, the applicable T&C at Photobox's partner site, Shoot Experience include:
# to grant to Shoot Experience the non-exclusive (unless agreed by both parties to be exclusive), irrevocable, worldwide and perpetual right and licence to use your Entry for all purposes and in all media and to give all other consents (if any) which Shoot Experience requires including under copyright, data protection and privacy laws world wide, for all and any commercial use of your Entry;
# that you have not granted any other person any rights that conflict with the licence granted above;
# that the Entry may be modified in any way that Shoot Experience requires;
# that you are not under any contractual or other obligations preventing you from entering into this release with Shoot Experience;
# that you have received all necessary permissions and consents required to make the Entry and for Shoot Experience to use it;
# that no third party owns any copyright or other rights in your Entry and has no right or interest in it; and
# to sign all documents necessary for this release and licence.
# to indemnify and continue to indemnify Shoot Experience against any claim and for breach of copyright arising from your entries.
In other words, anyone entering this competition is giving away a perpetual licence for free commercial use of their photos by the companies concerned. What's more, you are indemnifying them against any problems they cause by their free and unrestricted usage.
But there's more. By submitting photos to this competition you also consent to have them become part of the Shootbank Royalty Free library, and resold on the following terms:
# By submitting photos to a Shoot Experience Competition or Event you accept that your photos may be submitted to Shoot Bank (shootbank.eu, shootbank.co.uk or shootbank.net) and thus made available to the public to buy as Royalty Free photos.
# Any profits made from the sale of your photos by Shoot Experience will be divided equally between Shoot Experience and you, after the deduction of an admin fee of 7.5%. Payment will be made by cheque (UK only) or through Paypal once your account reaches £50 and on each occasion when that account reaches £50 thereafter. In the case of a team Event, any profits made from the sale of your team’s photos will be divided equally between Shoot Experience and your team, after the deduction of an admin fee of 7.5%. Each team member will receive an equal share of the team’s half of the profits. Payment will be made by cheque (UK only or through Paypal to each team member once that team member’s individual account reaches £50 and on each occasion when that account reaches £50 thereafter.
Entry on these terms is extremely ill advised. Even if you don't mind giving them a blank cheque for lost earnings from your work, the indemnity clause and the likely marketing, promotional and advertising usage are dangerous for the photographer. Images submitted without full model and property releases will comprise a substantial legal risk, that could result in court costs and damages for which the photographer will be liable under these T&C's.
In case anyone is tempted by royalties from the RF library, the percentage on offer is low. You would do far better to place your work on, say, Alamy, where you would gain a better percentage of income and would not have to grant free use to Photobox and pals. Besides, Shootbank as a functioning library does not even exist, there is just a placeholder page, since March.
In summary, this competition is a disgraceful trawling expedition aimed at exploiting entrants in every way possible. We suggest phootographers may in future wish to have prints made by a company that has a better attitude to its customers.