i got an email back from them (still at the excite.com email address) about my request for their name and their agency information…
Subject: Re: [Flickr] Brochure Offer
Date: October 6, 2006 1:23:01 PM EDT
the agency is Butler, Shine, Stern and Partners in Sausalito CA. bssp.com
my name is Jen Hall 415.339.xxxx
the account executive is Niki Weber – 415.331.xxxx
the art director is JP Guiseppi – 415.331.xxxx
so, i filled out one of these and scanned/emailed it back to them with the full-size image! 😀
PHOTOGRAPHY SUBMISSION AGREEMENT
READ THIS DOCUMENT CAREFULLY. THIS PHOTOGRAPHY SUBMISSION AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND BUTLER, SHINE, STERN & PARTNERS, LLC (“AGENCY”), AND MINI. (“MINI”).
BY SIGNING THIS AGREEMENT, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOUR SUMBISSION OF YOUR PHOTOGRAPHY WILL NOT BE ACCEPTED UNLESS YOU INCLUDE A SIGNED COPY OF THIS AGREEMENT ALONG WITH YOUR SUBMISSION.
You, Agency and MINI agree as follows:
1. SUBMISSION INFORMATION: The signature page of this Agreement states your name, Email, phone number, address, the title of your submitted photograph/s (the “Photograph”). You represent and warrant that this information and any other biographical or other information that you provide to Agency or MINI about yourself or the Photograph is accurate, and you consent to the use by the Agency and MINI of your name, image, and the personal or biographical information that you provide to Agency or MINI in the advertising and promotion of MINI’s products.
2. ACKNOWLEDGEMENT/RELEASE: You agree that you are submitting the Photograph in connection with MINI’s promotional Motoring Hearts related advertising in print, television, outdoor advertising and signage, and all other media. Agency and MINI are under no obligation whatsoever to use or publish the Photograph in any manner. Agency will return your original Photograph to you when Agency no longer requires physical possession of them in order to implement the terms of this Agreement. You release and hold harmless Agency, MINI, each of their respective parent companies, subsidiaries and affiliates, their respective successors, assigns and those acting under their permission, from any and all claims that you may have in connection with your submission of the Photograph or other material, Agency or MINI’s use of publication of such material as contemplated by this Agreement, or otherwise in connection with this promotion.
3. AGREEMENT: You hereby grant MINI (and Agency as MINI’s agent) the right to use and/or incorporate the Photograph, name and likeness into advertisements and promotional and publicity material in all media now known or hereafter developed, throughout the United States, including without limitation on the internet, in print, on television, in outdoor advertising and signage, and collateral materials. MINI and Agency may edit, crop, and otherwise alter the Photograph as they deem necessary.
4. YOUR REPRESENTATIONS & WARRANTIES: You represent and warrant that (a) the Photograph is your fully original creation and the Photograph has not been previously published; (b) you are the exclusive owner of the Photograph and all elements thereof; (c) you have the full power, authority and right to enter into this Agreement and to grant all of the rights granted herein, including, without limitation, permission(s) from all individuals appearing in the Photograph and/or contributors of intellectual property included in the Photograph; (d) Agency’s and/or MINI’s use of the Photograph as provided for herein will not infringe the rights of any third party, including but not limited to copyrights, trademark rights, “moral rights,” rights of privacy, rights of publicity and/or any other intellectual property rights.
5. INDEMNITY: You agree to defend, indemnify and hold Agency and MINI, and each of their respective parent companies, subsidiaries and affiliates, their respective successors, assigns and those acting under their permission, harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of any breach or alleged breach of this Agreement, including, without limitation any of the foregoing representations and warranties.
Title of Photograph:
i can’t wait to see what they’re going to do with it. 🙂 especially since it’s with their motoring hearts campaign, i feel like a do-gooder now for not getting any money, hehehe…