Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

Thought this might be more appropriate on this end... Please let me know if you gals have any thoughts, thanks!! -A

Ok, so on a whim, I entered DH and I in a contest that Macy's was sponsoring and we were actually selected as one of, I believe, 20 winners nationwide to receive a nice gift certificate and have our photo and wedding story published in their Gift Book for 2004. So we were pretty excited about that. The only question I have is that they want us to sign a consent form that doesn't really give us much protection. I tried renegotiating it with them but they're not budging, though I have received written assurance that they won't use our info beyond 2004 or in any defamatory way (it's just not written into the consent form). DH feels comfortable with that, but I was curious as to what you guys (gals) thought (especially the lawyers out there)...Should we do it??

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

When you accept a prize, a consent form is pretty much allowing Macy's to use your & DH's name, image, or likeness in any promotional material they want. By accepting the prize you agree to indemnify them from any lawsuit in conjunction with using your information in the future.

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

p.s. I'm not a lawyer I just did sweepstakes contracts at my old job.

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

Yes, I understand that. It just doesn't give US any protection if they decide to slander us in any way, is all. From your experience with these standard forms, though, do you think it's safe if we sign anyway?

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

By slander do you mean within the article? I highly doubt they would do that..of course though there is no way to know though.

Honestly those forms are more of a formality. They have to make you sign that in order to give you the prize for their own lawyer. It sounds like though you are worried they will write whatever they want. It's hard for me to tell since I haven't seen the form.

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

That definitely makes me feel better. Here is what the form says, since you asked:

Release and Consent for Use of Photography and Personal Information

We, the undersigned each, are at least eighteen (18) years of age or older and desire to voluntarily participate in the Federated Department Stores’ Bridal Marketing Program (the “FDS Program”) by providing our images and biographical information (collectively “Personal Material”). We each hereby agree to have our Personal Material utilized by consenting to have our Photograph and Personal Information included in and utilized by the FDS Program, including but not limited to display in the Macy’s Bridal & Gift Registry Guide for the Bride/Guide for the Groom and in other FDS Program promotional material, including on the Internet, in perpetuity. In consideration for this release, we agree to accept a $XXXX Electronic Gift Card redeemable for merchandise at one of the Federated Department Store groups (Macy’s, Rich’s-Macy’s, Lazarus-Macy’s, Goldsmith’s-Macy’s, Bon-Macy’s, Burdines).

This release confirms that the undersigned hereby grant to Federated Department Stores, Inc. and each of its affiliates, including Macy’s, Rich’s-Macy’s, Lazarus-Macy’s, Goldsmith’s-Macy’s, Bon-Macy’s, Burdines, macys.com and their respective subsidiaries, as well as WeddingChannel.com (collectively “Federated”) the right to use and/or publish the Personal Material for advertising, promotional or any other commercial or non-commercial purposes and hereby transfer to Federated all ownership rights, right of publicity or other intellectual property rights that each of the undersigned may have in and to such Personal Material. The undersigned each acknowledge and agree that the Personal Material may be used and/or published in Federated’s Bridal Marketing collateral or may be used in other media (e.g., direct mail, Internet, store signs, posters or billboards) for an unlimited period of time and that Federated Department Stores may copyright the Images and Personal Information. We further acknowledge and agree that Federated or its affiliates shall have no liability for any alteration, blurring, distortion, optical illusion or use in composite form that may occur or be produced in processing the Images. The undersigned each expressly release Federated from any claim or liability by the undersigned or any person or entity as may at any time assert a claim derived from either of them in respect of any use of all or any portion the Personal Material as permitted or contemplated by this instrument.

The undersigned also each confirm and agree that no further consent or compensation from Federated shall be required for the use of the Personal Material and that Federated will be under no obligation to use any or all of Personal Material.


Signature_________________________ Signature____________________________

Printed Name______________________
Printed Name________________________

Date_____________________________ Date_______________________________

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

I'm not a lawyer at all...but Macy's reputation is not to slander in anyway...I would think that you are safe...

Re: Repost from BHB: Sort of exciting news, but what do you lawyers out there think??

Well it basically saying that in every which way and form you are consenting that they can use your information for any publicity/promotional purposes. And by alteration I think they mean they can airbrush you, make you out of focus etc. I highly doubt they would make you look bad its more about you don't have a say in how you look or are depicted.

I think its okay its just a matter of how you and fh feel about it. Ask yourself how you would feel if for example you walk into Macy's one day and see your and hubby's image, wedding date, and names on a billboard to promote their wedding registry.
You may not care.

But to make you feel better, sometimes they may not even use you, but they are preparing you in case they do. Sometimes I had people wanting their names on tv when they won a contest, when the paperwork was just a formality.

Edited to say: I think its fine but again completely up to you and hubby. Good luck!