advertising and other stuff. no, really.



Saturday, December 15, 2007

The Hoff–King of the internet.

No, really, he is. I’ve seen it. Is there anything better than the Hoff on a weekend? No. Check out this spot from the UK. (Tip to PK, thanks.) However, you didn’t really think that would be the end of it, did you? (C’mon, I go long Saturdays, you know that.) Is there a smooth way to segue from The Hoff into this next topic? Lemmee try.

You undoubtedly saw the Spread the Sharing campaign spot that precedes the clip. There’s also an accompanying microsite that explains the program further. GREAT way for a brand to give something back, no arguement. Then my ADD kicks in and I notice the small print when you go to upload your story:

By submitting your story and photo you hereby represent and warrant that the story is original with you and that you have committed no fraud or deception in connection with such submission,

No problem so far.

and assign all rights in and to your story and photo to Unilever. You agree, without compensation, to permit Unilever to use, alter, publish, display or transfer (each, a “Use”) your name, likeness, biographical material and/or story for any purpose required or desired by Unilever, including in promotional publications, advertising, broadcast, cablecast or any purpose sponsored by Unilever and/or its agents, affiliates, and/or subsidiaries. You further hereby waive all rights of inspection and release Unilever from any and all liability arising out of such Use of your name, likeness, biographical material and/or story. You also release all rights in and to any claim of copyright, trademark, trade dress, or other intellectual property or other rights, royalties, commission or any payment whatsoever in connection with the Use of your name, likeness, biographical material and/or story. You understand that significant changes may need to be made in order for Unilever to display this story or to remove it from the website and, therefore, you agree to allow such changes to be made for purposes of the Use(s) described above.

Timeout.

I’m sorry, what? It’s one thing to have a general TOS to abide by which states that I won’t upload illegal or otherwise harmful material, but where does that ever mean I surrender all rights to my property. Holy consumer-generated surrender my rights Batman. While much of this is typical brand boilerplate cya bs, not even the ad agency on the brand would sign over rights without negotiating additional usage and/or fees.

I know all that legalese pertains to submitted work, but it’s as much about a brand who offers you no choice but to opt-in to something without you having a say whatsoever. (Two words: Facebook Beacon.) It’s also putting terms and conditions on a donation effort, which feels wrong. Just donate the meal, okay? As much as I hear how we’re in the age of the consumer, (laughing to self), this is definitely not cool.

Because it’s that kind of restriction which prevents something as funky as a Mentos and Diet Coke video from ever being submitted. Something that went on to generate how much fizz buzz? Still, John Q, could care less about this. Probably because it’s usually just industry people who tend to notice this stuff. So someone uploads a story that Unilever can use in a TV spot without acknowledging where the idea came from. Big deal, right?

I say no thanks.

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