User Generated Content Terms and Conditions
By checking the terms and conditions box for the I Heart Coach Promotion, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU AGREE TO THE FOLLOWING TERMS WITH COACH, INC. AND ITS AFFILIATES, SUCCESSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, “COACH”) AND TO COMPLY WITH THE FOLLOWING REQUIREMENTS. These Terms and Conditions should be carefully read before uploading a photo. YOU MAY CHOOSE TO NOT CHECK THE REPRESENTATION AND AGREEMENT BOX FOR THE I Heart Coach Promotion, HOWEVER, SUCH CHOICE WILL PREVENT YOU FROM UPLOADING ANY PHOTOS TO COACH’S FACEBOOK PAGE (the “Site”).
Any photo uploaded by you must not include:
- • commercial content or content that references products, trademarks, logos, stores or websites of companies other than Coach;
- • another person’s name, photograph, image, likeness or appearance, unless you have that person’s express permission;
- • material for which you were compensated or provided any consideration by a third party;
- • personal contact information for yourself or others;
- • corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
- • content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to Coach, as determined by Coach in its sole and exclusive discretion;
- • content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- • content encouraging conduct that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons;
- • content that could give rise to civil liability or otherwise violate any law; or
- • content encouraging conduct that is unsafe or dangerous or with any political agenda or message.
All photos submitted are subject to an approval process and therefore are not posted immediately. Coach reserves the right to refuse to post or to remove any photo that does not comply with these requirements or for which you do not agree to these terms, in the sole discretion of Coach.
By checking the terms and requirements box for the I Heart Coach Promotion and uploading a photo you:
- • represent and warrant to Coach that (i) you are the individual in the photo or you have the express permission of the person(s) in the photo to use their name and/or likeness; (ii) you own all right, title and interest to the photo and have the sole and exclusive right to license all of the rights therein to Coach as set forth herein; and (iii) use of the photo on the Site or Coach.com or otherwise by Coach, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights.
- • grant to Coach and others working for it or on its behalf, and their respective licensees, affiliates, successors, and assigns, for good and valuable consideration, the sufficiency of which is acknowledged by you, a perpetual, royalty-free, worldwide, unrestricted, transferable, exclusive, irrevocable and unlimited license, right and permission to the photo you submit, and to use, distribute, publish, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, and otherwise exploit the photo, your likeness, and any material in the photo or derived from it, in any manner or media whatsoever (whether now known or hereafter devised) anywhere in the world in perpetuity, including, if Coach elects in its sole discretion, posting the photo on the Site, Coach.com or any other Coach website. All uses granted are for the purpose of advertising or trade and promoting and publicizing Coach and its products and services without any payment to or further authorization by you. The granting of the foregoing rights does not create any obligation on the part of Coach to post the photo on the Site or otherwise use the photo. Under the license granted, Coach is free to use any ideas or concepts contained in the photo without further attribution, compensation or notice to you. For clarity, Coach does not claim ownership of your photo, but receives the above grants of rights from you for use of the photo.
- • agree that if the photo is posted, you will have no right of approval before or right to deletion after the photo is posted on the Site or Coach.com and that you and your heirs and assigns will have no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, video, picture, likeness, and voice.
- • agree that you have not previously authorized nor will you authorize or permit the use of your name, picture, or likeness in connection with the advertising or promotion of any product or service competitive to or incompatible with those of Coach. For purposes of clarity, incompatible with Coach would include without limitation use of your name, picture, or likeness in a manner that is a violation of any of the Requirements noted above.
- • release Coach from any and all claims relating to the use of the photo, including but not limited to any claim for copyright infringement, trademark infringement, misappropriation of trade secrets, or invasion of privacy, right of publicity or defamation. You agree not to take any legal action against Coach, or any entity acting on its behalf, in connection with the use of your name, image, or likeness.
- • understand that Coach will not permit copyright infringing activities on the Site or Coach.com, and Coach may remove any photo if properly informed that any such photo infringes on another’s copyright rights. Coach will terminate a user’s ability to submit a photo if, under appropriate circumstances, such user is determined to be a repeat infringer.
- • understand that if Coach elects to post your photo on the Site or Coach.com, your photo will be accessed and viewed by others, including by the general public, and, whether or not such photo is posted, Coach does not guarantee any confidentiality with respect to your photo. You are solely responsible for your photo and the consequences of your photo being posted on the Site or Coach.com.
- • agree to indemnify, defend and hold harmless Coach, its affiliates, officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or related to: (a) your violation or breach of these Terms and Requirements; or (b) your violation of any third-party right, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the Site or Coach.com.
- • understand that although the I Heart Coach Promotion has a sweepstakes component and a daily prize will be provided in accordance with the Official Sweepstakes Rules, the posting of a photo is not required to enter said sweepstakes and the posting of a photo will not increase your chances of winning.