Terms & Conditions for User Generated Content (UGC)
Reuse on Portola Hotel & Spa’s Channels
1. The Portola Hotel & Spa (“Hotel”) owns a variety of social media channels, websites, and advertisements under the brand name Portola Hotel & Spa and affiliated restaurants, Peter B’s Brewpub and Jacks Monterey. By posting any comments to any such social media channels, the Company reserves the right to select, publish and/or use all or any portion of any user generated social media content on some or all of the Hotel’s various social media channels, websites, and advertisements (collectively the “Activity”) with credit to the original source. Users cannot apply for selection. The selections are final and are not subject to legal recourse.
2. Any selected participant (“Contributor”) must be aged 18 years or over.
3. The selection of user generated content (“Content”) is completed online only – the Contributor must have access to a valid Facebook, Twitter, and/or Instagram account.
4. No purchase is necessary to enter this Activity. The Hotel will not compensate or provide any type of remuneration to any Contributor for use of the Content.
5. From time to time, the Hotel may select posted Content that is relevant to and in conformity with the Portola Hotel & Spa brand vision and brand principles (e.g. text, social media post, image or video) on Facebook, Twitter or Instagram with credit to the original source.
6. The Hotel reserves the right to re-use the Content on the Company’s social media channels on Facebook, Twitter, Instagram, promotional materials, and websites with credit to the original source.
7. Content must feature the individual Contributor only - no group pictures/photographs/videos are permitted unless each person featured gives their express consent hereto and accepts these terms and conditions and use of their image prior to use by the Hotel.
8. By consenting to the use of any Content, Contributor covenants and warrants that the Content is Contributor’s own creation and nothing is sourced from third parties.
9. Content will be selected and used by the Hotel in accordance with these terms and conditions.
10. When Content is selected, the Contributor will be contacted via Facebook, Twitter or Instagram and asked for their consent that the Hotel can use the Content on the Portola Hotel & Spa owned channels on Facebook, Twitter, Instagram, websites, and/or advertisements with credit. The Contributor will be asked to reply with hashtag #OKPortolaHotel and approve these terms and conditions.
11. A direct response within the same chat by the Contributor using the above hashtag (or any future Hotel-designated hashtag) is required to release the Content. If no response is received within 10 days from the date of contact, the Content will not be used.
12. By releasing the Content, the Content may automatically appear on Portola Hotel & Spa’s owned social media channels on Facebook, Instagram or Twitter with credit to the original source.
13. The Hotel reserves the right not to use or to remove the released Content at any time.
TRANSFER OF RIGHTS
14. By Contributor consenting to release the Content, Contributor grants the Hotel and its affiliates a non-exclusive, worldwide, transferable, royalty free, irrevocable, perpetual right and license (without any compensation) to use the Content on the Portola Hotel & Spa (and any other Hotel owned) Facebook, Twitter, Instagram channels, advertisements, and websites.
15. In relation to Content, Contributor represents and warrants that they have all rights necessary to grant this license and that such Content, and the provisions or creation thereof, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. Furthermore, to the extent permissible by law, Contributor irrevocably waives any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of user Content that is submitted.
16. The Content will be accessible to third parties via the social media sharing functionalities and tools.
17. The Hotel shall also be permitted to edit, adapt and modify the user generated Content or any parts thereof, i.e., to recut (edit rights).
18. Contributor is responsible for all expenses not expressly stated in these terms and conditions.
19. Illegible or corrupted Content, or Content that is otherwise not in accordance with these terms and conditions, will not be valid.
21. The Hotel’s decision is binding in all matters relating to this Activity and the posting, editing, or deleting of Content.
22. To the maximum extent permitted by law, the Hotel accepts no liability for any damage, loss, or injury suffered by Contributor due to its participation in this Activity. Furthermore, by posting any Content and consenting to Hotel’s use of such Content, Contributor agrees to release and hold harmless Hotel and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such Hotel’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of posting such Content and consenting to the use of such Content.
23. By authorizing use of their Content, Contributor accepts these Terms and Conditions (including any future amendments, changes, revisions, or updates to these Terms and Conditions), as well as the Facebook, Twitter, Instagram, YouTube, Pinterest, and LinkedIn terms and conditions.
24. Disputes: Except where prohibited, Contributor agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with these Terms and Conditions, the Activity or the Content shall be resolved by binding arbitration in accordance with the California Code of Civil Procedure Section 1280 et. seq.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the claimant, but in no event attorneys’ fees; (3) under no circumstances will Contributor be permitted to obtain awards for, and Contributor hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) by submitting any Content on any social media platform, Contributor waives all rights to pursue any dispute or claim in a court of law and expressly agrees to resolve any disputes through binding arbitration. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of the Contributor and Sponsor in connection with the Activity or the Content, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
26. No Discrimination: The Hotel is an equal opportunity employer and does not discriminate on the basis of race, marital status, sex, color, religion, national origin, age, disability, or veteran status.
Hotel: Portola Hotel & Spa, Two Portola Plaza, Monterey, CA 93940, firstname.lastname@example.org