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UGC SUBMISSION TERMS AND CONDITIONS

When you use our hashtag #YesBermuda, you agree to these Submission Terms and Conditions (the “Terms”) and grant Bermuda Tourism Authority (“BTA”, “we” or “us”) and its Licensees (defined below) permission to use, distribute and re-post your photos, videos, pictures, images, materials, and other user-generated content (“User Content”) in accordance with these Terms.

For clarity, you hereby grant BTA, its parent company, affiliates, subsidiaries, and/or any other party designated by BTA (collectively, the “Licensees”) the irrevocable, perpetual, worldwide, royalty-free right to reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your User Content, including your name, image, likeness, photograph, voice and/or biographical material, included therein or in connection therewith, including, but not limited to, for advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to, any print, digital and Internet media, including BTA’s websites and social media channels, including, without limitation, Instagram, Facebook, Twitter, YouTube, Snapchat, Tumblr, Pinterest and Google+. Without limiting the foregoing, you hereby grant Licensees the right to edit, arrange, rearrange, adapt and combine your User Content with other materials in its sole discretion, including on the aforementioned websites and social media channels.

IF YOU DO NOT CONSENT TO THESE TERMS IN THEIR ENTIRETY, DO NOT GRANT US PERMISSION TO USE YOUR USER CONTENT. 

CONTENT: You are solely responsible for your User Content, and hereby agree that you will not hold Licensees responsible or liable for your User Content.  By granting Licensees permission to use your User Content, you represent and warrant that: (a) your User Content is original and was created solely by you; (b) neither your User Content nor the use of your User Content by Licensees in accordance with the Terms hereof will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws and regulations; and (c) your User Content complies with the Content Guidelines set forth  belowContent Guidelines:

  • User Content should not be defamatory, abusive, obscene, profane or offensive;
     
  • User Content must not in any way disparage or criticize BTA or any other person or party;

  • User Content that references the BTA or any of its services or any of its partners should contain true and accurate information and representations regarding BTA’s products and services, and you shall not be compensated for any such User Content;

  • User Content should not infringe or violate another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials);

  • User Content should not violate any party’s right of publicity or right of privacy;

  • User Content should not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;

  • User Content should not be inaccurate, false or misleading in any way; and

  • User Content should not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where User Content is created.

BTA is under no obligation to screen or monitor User Content but may review all User Content and post or remove such User Content FROM any social media site owned, administered, and/or monitored by BTA at its sole discretion, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. BTA will make all determinations as to what User Content is appropriate in its sole discretion. 

RELEASE: You hereby release, acquit and forever discharge, Licensees and their respective advertising or promotional agencies, and any promotional sponsors involved with BTA’s promotions, campaigns, websites and/or social media channels (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your submission of User Content in accordance with these Terms.  In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with BTA websites or social media channels or any related activity. 

INDEMNIFICATION:  Upon BTA’s request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney's fees that arise from: a) your breach of any provision of these Terms; b) BTA’s use of User Content as approved by you; or c) your violation of any intellectual property right of another party.  BTA reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses

NON-SOLICITATION: BTA does not accept any unsolicited ideas from outside the BTA including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas.

PRIVACY POLICY:  BTA may be collecting personal data about you online in accordance with its privacy policy.  Please review the BTA’s privacy policy  By submitting User Content, you hereby agree to BTA’s collection and usage of your personal information and acknowledge that you have read and accepted BTA’s privacy policy. 

EFFECTIVE DATE: JANUARY 25, 2018. 

BTA RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS & CONDITIONS WITHOUT PRIOR NOTICE.