Discussion:
What is the name of your state?I'm a resident of Michigan. A couple months ago I entered a contest in a popular print magazine that is published in New York. The contest was a celebrity-pet look-a-like contest. I submitted my pet's photo by e-mail, as suggested, with the understanding that the winner would receive a prize package containing 25 DVDs and have their pet's photo published in the next issue. Without notifying me, the magazine published the photo of my pet in their latest issue (without crediting me as the source), which came out in mid-December. It has now been over a month since the magazine was published and I've heard nothing back from them about the prize even after I left 2 voice mails and 2 e-mails requesting a response. They won't even acknowledge my inquiries. It seems as if they have essentially stolen my photograph and do not intend to provide the promised compensation. Can you give me any advice on what laws to look into or what to do? I don't even know where to start. Thanks!
Answer:
I don't even know where to start. Start by formalizing the process (phone calls and emails simple does NOT 'cut it').
Send them a very nice letter (certified RRR) explaining the circumstance and what you are seeking in return. Be specific, brief and professional. Include that they have 10 business days to respond to your demands, or you will be forced to pursue legal action against them.
Then, if they don't respond, go down to your local small claims court and file against them for the value of the 'package' they failed to provide.
Answer:
did the magazine print the photo and caption it as the winner of their contest? Did you sign a release giving the magazine ownership of the submitted photo even if it wasn't a winning photograph? What did the entry form state about ownership of the photo that you were submitting?
Answer:
stephenk-
"did the magazine print the photo and caption it as the winner of their contest?" The contest directions say "Send us a photo...if we print your photo, you'll win (a prize that changes each month)"
"Did you sign a release giving the magazine ownership of the submitted photo even if it wasn't a winning photograph?" No release was offered. I simply sent in the photo and they never replied or contacted me for any information.
"What did the entry form state about ownership of the photo that you were submitting?" There was no entry form. The magazine simply says "Send us a photo" and then provides an e-mail address with which to send it to.
JETX - Thanks for the advice. I realize that phone calls and e-mails are not as "formal" as a letter, but in a recent court case when I sent certified mail the company simply denied receipt of it. Also, I was thinking that if the contest entry was made my e-mail (as suggested by the magazine) that an e-mail should hold up as legal evidence, but I see your point.
Answer:
...I realize that phone calls and e-mails are not as "formal" as a letter, but in a recent court case when I sent certified mail the company simply denied receipt of it.... If you send something certified mail return receipt requested, then you either get a receipt saying it was delivered or a notice that it was not picked up.
If you get a notice that it was not picked up, sometimes it will say that it was refused.
If it was refused, the evidentiary laws in some states hold that this is the same as delivery.
Answer:
what's the name of the magazine?