USER-GENERATED CONTENT POLICY
If you tag your Facebook, Instagram and/or Twitter ("Social Media") posts and/or Social Media images (including their captions) with the following handle @hovisbakery (the “Hovis Handle”) or with #Hovis and/or #BakersSince1886 (the “Hovis Hashtags”) and your Social Media profile is set to public, then Hovis may contact you to request your consent to use and/or re-publish your Social Media posts and/or images on the Hovis digital platforms such as the Hovis website, Hovis Social Media channels, email communications and other platforms (the "Hovis Channels").
All Social Media posts and content tagged with the Hovis Hashtags and/or the Hovis Handle including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, videos, clips, GIFs, moving images and all other information and material shall be referred to in this policy as "UGC”.
Hovis may ask for your permission to use and/or re-publish your UGC either by commenting on the relevant UGC, or by direct message on the relevant Social Media platform.
By replying and giving your consent to Hovis to use and/or re-publish your UGC, you are agreeing to this policy.
1. You retain all of your ownership rights in your UGC and grant us a non-exclusive, royalty free, perpetual, irrevocable - unless you tell us otherwise pursuant to paragraph 5 - transferable, worldwide licence (including the right to sub-license) to use, reproduce, exploit, publish, modify and alter including, without limitation, the right to adapt, alter, amend or change your UGC, in our sole discretion and on any media, for any purpose, including to advertise our products.
2. You hereby warrant and represent that:
i. you are aged 18 years or older;
ii. you are the relevant Social Media account holder;
iii. the UGC is your own original creation and you own all of the rights in the UGC;
iv. you did not copy or use any third party content in your UGC;
v. you have obtained permission from any person(s) identifiable in the UGC to post the
UGC and to grant the rights specified in this policy, or where those person(s), including yourself, are aged 18 years or under, you either:
a. are the parent or legal guardian or such identified person(s), or
b. have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in UGC;
vi. there are no trade marks or brand names (other than HOVIS) in your UGC;
vii. your use and our use of UGC will not infringe the rights of any third party or breach any applicable law or regulation (as determined by us in our sole discretion);
viii. the UGC is in compliance with the rules, policies and terms of service of the Social Media platform where the UGC is posted and would not place us in breach of any such rules, policies, terms of service (as determined by us in our sole discretion).
3. You hereby unconditionally and irrevocably waive (or procure the same from any third party where applicable) any and all moral rights and any other similar rights in connection with our usage of UGC (including any right to be named as author or to object to the editing of any UGC). If you cannot legally waive your moral rights, then you agree not to assert them in connection with our use of your UGC.
4. You agree that the personal data that we collect from UGC will be treated in accordance with our Privacy Notice and the terms of this policy.
5. You reserve the right to reverse your decision to allow us to use your UGC at any time from the initial point of agreement. If you wish to withdraw your permission for our use of your UGC, then please let us know as soon as reasonably practicable by sending an email to hovis.marketingteam@hovis.co.uk.
6. You are not entitled to any fee, financial reward or other incentives if we use your UGC on any of the Hovis Channels.
7. You agree that even if we ask for and obtain your permission to use your UGC, we are not obliged to use the UGC. We retain sole discretion over whether we choose to publish any UGC and are under no obligation to use or re-publish any UGC along with the Hovis Handle or Hovis Hashtags on our Hovis Channels or in any other media.
8. We may remove UGC published to the Hovis Channels or from other media or marketing materials at any time, in our sole discretion.
9. To the extent permitted by law, Hovis is not liable for any UGC or its use, other than its use by Hovis pursuant to this policy.
10. We reserve the right to amend this policy at any time, so please check back here each time you tag any UGC.
11. The terms of this policy (including any non-contractual disputes or claims arising out of them) are subject to English law. Any disputes must be referred to the English courts. Consumers in Scotland and Northern Ireland may additionally bring an action in their home courts.