TEMPTATIONS Brand (Canada) UGC Terms & Conditions
A. User Generated Content Terms and Conditions
Thank you for sharing your love for pets Mars Canada Inc. (“Mars Canada”), together with Mars, Incorporated and each of their respective present and future parent, subsidiary, and affiliated entities (collectively, “Mars”) welcomes any content or information you publish through any social media and allow Mars to feature, including your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (collectively, “User Generated Content” or “UGC”).
This UGC Terms and Conditions document applies to UGC submitted for potential use in connection with TEMPTATIONS brand marketing in Canada, including without limitation co-branded marketing with third-party properties licensed to Mars.
By sharing your UGC with Mars, you are agreeing to our Terms of Use (http://www.mars.com/legal) and our Privacy Policy (https://www.mars.com/privacy.) If you do not agree with these terms and conditions, do not submit, post, display, or share UGC with us or respond to our request to use your UGC.
B. Representations & Indemnities
By submitting, posting, displaying, or sharing your UGC with us, you represent and warrant that: you are the age majority in your province of territory of residence; you own all right, title and interest in the UGC; the UGC does not violate or facilitate the violation of any law or regulation; the UGC and the sharing, use, and/or publication of the UGC does not violate the rights of any other person or entity, including intellectual property, privacy, or publicity rights; the UGC will not cause injury to any person or entity and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.
You further represent and warrant that you have all rights necessary for you to grant the licenses granted herein, including but not limited to, permission from or on behalf of any individuals that may appear in the UGC to use, and grant to third parties such as Mars the right to use, their name, image, voice and/or likeness without compensation to you or to any other person or entity.
You further represent and warrant that (a) any music, sound recordings, images, artwork, text, or other materials included in your UGC are either original to you or properly licensed for the uses granted to Mars in these Terms; and (b) your UGC does not include third-party trademarks, logos, brand names, or other proprietary materials in a manner that would require permission from any third party.
You agree to indemnify Mars and all affiliated entities for any and all losses, claims, damages and/or liabilities arising out of any breach of, or failure to comply with, the foregoing representations and warranties. You are solely responsible for the UGC you submit, and Mars assumes no liability for any UGC you submit.
C. License
By sharing your UGC, you grant to Mars Canada, Mars, Incorporated, and each of their respective present and future parent, subsidiary, or affiliated entities, and their respective successors and assigns, a perpetual, worldwide, non-exclusive, sub-licensable, fully paid-up, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such UGC and to incorporate the UGC into any form, medium, or technology, now known or hereafter developed, throughout the world (including, but not limited to, digital media advertisements), all without compensation to you, with or without your name or user handle.
For clarity, this license includes the right for Mars (and those acting on Mars’ behalf) to use the UGC in paid advertising, public relations, in-store materials, out-of-home advertising (including digital out-of-home), email marketing, websites, and social media. Mars may sublicense the rights granted in these Terms to its agencies, vendors, production partners, media partners, and other service providers solely as necessary to operate, administer, produce, distribute, and promote Mars marketing and advertising materials. Mars may use UGC in connection with TEMPTATIONS marketing and advertising that may include co-branded creative elements from third-party properties licensed to Mars, where applicable.
Do not send us any UGC that you do not wish to license to us, including any confidential information or any original creative materials.
D. Name, Image, and Likeness Release
You grant Mars the perpetual, worldwide, irrevocable right to use, reproduce, modify, publish, and otherwise exploit your name, image, likeness, voice, appearance, and social media handle, as embodied in the UGC, in any media now known or later developed, for advertising, marketing, promotional, and commercial purposes, without compensation, notice, or further approval. You waive any right to inspect or approve the finished materials and release Mars from any claims arising out of or related to such use.
Mars has no obligation to attribute the UGC to you or to include your name or social media handle.
To the fullest extent permitted by applicable law, you irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding UGC.
E. Privacy / Public Disclosure
Subject to applicable privacy laws, Mars is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any UGC you submit. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose.
Your personal information will be collected, used and disclosed by Mars in accordance with applicable Canadian privacy laws, including PIPEDA and, where applicable, Québec privacy legislation. Please review the Privacy Policy (https://www.mars.com/privacy) for information about how Mars collects, uses, discloses, and retains personal information in connection with UGC submissions and marketing. You may withdraw your consent at any time, subject to legal and contractual restrictions, by contacting Mars as set out in the Privacy Policy.
F. Editorial Control
You acknowledge and agree that Mars has no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which UGC will be published.
You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor UGC; (ii) alter, remove, or refuse to post or allow to be posted any UGC; and/or (iii) disclose any UGC, and the circumstances surrounding its transmission, to any third party.
The UGC submitted to us may be used on our website and on our social media pages. We also may publish this UGC in any and all Mars collateral, e-mail marketing, point of sale store materials, and in any other type of promotional and marketing materials.
G. Release of Claims
By sharing your UGC, you fully and finally release Mars from any and all liability, damages, losses or claims of any nature or type arising out of or related to our use of the UGC, including without limitation, claims for copyright infringement, moral rights, defamation, invasion of privacy, violation of publicity/personality rights, and any claim for compensation arising from Mars’ use of the UGC as permitted by these Terms.
H. Governing Law
The terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
I. Language
These terms are available in English and French. In the event of inconsistency, the English version shall prevail.
J. Spam
Nothing in these Terms constitutes consent to receive commercial electronic messages under Canada’s Anti-Spam Legislation (CASL).