Terms & Conditions:
Montgomery Ward ("MW") welcomes your photographs and original stories. Each customer ("customer") who submits a photograph ("photograph") to MW with or without a story ("story") in connection with this request for photographs hereby agrees to these rules:
1. You Give Us Your Consent to Use Your Name and Photograph and/or Story
Customer consents to the use of his/her name, likeness, photograph, quotation, comment, testimonial, and/or story (collectively, the "uses") by MW for advertising, trade, and any other lawful purpose, together with the right to publish the same and/or copyright any materials that use them, and/or permit registration as a trademark or service mark with respect to any materials incorporating the uses. Customer also grants MW a non-exclusive, irrevocable, worldwide, royalty-free license to reproduce, distribute, and publicly display his/her photograph, as well as customer's first name, last initial, and hometown in promotions and other publications in any and all media, in any locale, in perpetuity, for any purpose whatsoever, without any compensation, provided it is understood that MW shall not utilize customer's submission in any way to intentionally and maliciously subject customer to conspicuous ridicule or indignity. Customer grants MW the right to edit his or her photograph and/or story.
CUSTOMERS WILL NOT BE PAID FOR THEIR SUBMISSION(S) or for granting MW any of the above rights, provided, however, gift certificates of $50.00 may be awarded to persons whose photographs we publish in the Wards catalog or on the official Wards web site (but no gift certificates will be awarded for posting any photographs on other sites, including, without limitation, Facebook). For all other submissions, your consideration is your participation, publicity, and the satisfaction from taking part in the program. Submissions become the property of MW and will not be acknowledged or returned.
2. We Need To Know That You Can Send Us The Photograph, Story, and Your Name
Customer acknowledges that he or she owns all intellectual property rights that relate to his or her photograph and/or story, whether it is by creating it or by getting a transfer from someone like the photographer. Customer also acknowledges that the submitted story is original and accurate, that the photograph for use with customer's first name, last initial, and hometown is of customer, and that the consent of any other people mentioned in the story or shown in the photograph(s) have also been obtained. You also have the right to use the phrases or captions suggested. MW cannot accept previously published photographs and/or stories, or photographs and/or stories that violate or infringe on someone else's copyrighted material. MW reserves the right to ask customer for additional information.
3. You Transfer To Us The Ownership of the Copyright In The Photograph and Story
Above, MW has your permission to use your photograph and/or tell the story about you. MW can also use your suggested photo caption, and can edit, revise or write its own caption. Separate from that, in order to use it/them in our business, MW needs to own the copyright in the photograph and in the words themselves in order to deal with someone else who might copy it, and to put it in its catalogs, on its website, and make any other uses MW needs for its business. Customer assigns all rights you have in the copyright in the story and all rights you have in the photograph to MW.
How to submit your photograph and/or story:
e-mail to email@example.com
upload to our Facebook page: www.facebook.wards.com (In order to post your photo, you will be required to have a Facebook account.)
mail prints to Montgomery Ward, Attn: My Wards, 3650 Milwaukee Street, Madison, WI 53714 (prints will not be returned)
Deadline for photo submissions is December 1, 2009.
MW will not use any photos in its catalog or on its wards.com web site without prior consent including a signed version of this consent form with complete personal information for identification purposes. Additional signed release forms may be required for particular photographic or story content. MW has complete discretion in deciding whether or not to publish a particular photo or story and to decide where and how to publish.
Photos uploaded to Facebook do not automatically qualify for publication or a gift certificate.
IDENTIFICATION AND CONSENT
With any submission, we will need:
Means of Contact, i.e. telephone number or cell phone number and e-mail address or street address:
Consent and Identification information (for accurate identification and copyright filing, but not for commercial publication):
Customer's Full name:
Country of Residence or Citizenship:
Year of creation of photograph:
Year of creation of story:
Names of people in photograph and/or story:
Are there any children in the photograph and/or story?
By applying a written signature on a paper version of this, or by submitting using the "Send" or "Upload" procedures described above to make the submission electronically, you agree to the terms of this Consent Form.
I agree: __________________________