That’s what fast food giant Kentucky Friend Chicken (KFC) is apparently doing.
This excerpt is from a longer article in the Corporate Crime Reporter.
Here’s the tale.
KFC last month launched a contest to lure parents into selling their newborn baby’s identity to KFC – for life.
Parents who name their child Harland – after KFC Founder Colonel Harland Sanders – and agree to the terms of the contest are eligible to receive $11,000 toward their child’s college education. Only one child will be selected, leaving many other children – named Harland by hopeful parents – stuck with KFC-branded names for life.
The selected child’s identity – including name, pictures, voice, likeness and biographical information – will be owned by KFC for advertising purposes.
The company won’t provide any additional compensation or even notify the parents when the child’s likeness is used.
The chosen child will be subject to a lifetime of KFC-branded identity – without their consent.
KFC aims to manipulate desperate parents who only want to do what’s best for their child.
That’s according to Kristen Strader of Public Citizen’s Commercial Alert.
“It’s essentially a KFC marketing stunt that provides KFC with the kind of attention that money can’t buy and disadvantages children and families,” Strader told Corporate Crime Reporter in an interview last week. “KFC is asking parents to name their child Harlan after the founder of KFC – Colonel Harland David Sanders – in exchange for a chance of winning $11,000 toward their child’s education.”
“The parents name their child Harland and they have to provide the evidence to KFC that they named their child Harland. Only one child will win this $11,000. Essentially, KFC is taking advantage of the fact that education is extremely expensive. They are using children to sell their product. That essentially what is happening here. It’s one way corporations are exploiting unsuspecting human bodies and identities to make a profit. The children who are named Harland – not only the winner, but many others who enter but don’t win — they will be subject to a lifetime of advertising for KFC. Their identity is owned by KFC.”
You can view the entry form for parents on the KFC website.
And here’s the key provision from the contest rules.
The “all caps” style is in the original.
PUBLICITY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, GRAND PRIZE WINNER GRANTS TO SPONSOR/ADMINISTRATOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, DEALERS, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, GRAND PRIZE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION, AS WELL AS THE NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION OF EACH MEMBER OF THE GRAND PRIZE WINNER’S FAMILY, FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF THE FAMILY’S NAME(S) ONLINE AND ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
Can this be legal? Can a newborn be bound forever by an agreement entered into by his or her parents? I imagine that we’ll eventually find out.
This is part of a longer article. Use the link at the top of this post to read it.
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My middle name is Harlan, but bestowed well before there was a KFC. Obviously don’t qualify, and not sure how/why I would use $11K for college, although even at my advanced age I get my share of calls telling me my student loan has been approved!
You’re safe. KFC wants a “Harland.”
Parents have the right to name their child, however way they see fit. Some do so for artistic reasons, like Frank Zappa naming a couple of his offspring Moon Unit and Dweezil. If parents want to name their child for monetary reasons, I don’t see how that right can be taken away from them. Conversely, there’s absolutely nothing to prevent parents from doing a legal name change, should their child not get chosen by KFC.
I’m surprised that anyone would want to be associated with such unhealthy food.
With all their money, they should give every child who’s named after the Colonel $11,000. I’d actually like to see more than just one face, including different races. They totally missed the PR boat with that one.
$11k is less than the current resident tuition at UH-Manoa for one year.
If tuition goes up an average of 4% per year, in 18 years it won’t even cover a single semester.
Sounds like lifetime employment for any number of lawyers who will bring claims against KFC, parents, guardians and who knows who else!
As Roy Cohn used to say, ” Get e lawyer and sue someone! It’s good for the soul.!” ( something no one ever accused Roy Cohn of having)
It’s a free choice by adults who have the right to decide for their children. It may appear unseemly or distasteful to those lucky enough to be privileged not to have to make such a choice, but to others, having to donate one’s own blood for cash shouldn’t happen either but we don’t hear the same patronizing outrage.