This is a legal agreement. Please read these Terms & Conditions for Submitted Photos (the “Terms”) before making a photo submission to Lucas Oil Products, Inc. (“Lucas Oil,” “our” “we”). If you are not a resident of the United States you may not submit photos to Lucas Oil. Lucas Oil provides the content and services available on the website that Lucas Oil owns or controls (today or in the future), including www.lucasoil.com (the “Site”). The Site may, from time-to-time, allow you to upload your photographs and/or videos (collectively, your “Photo”) for a chance to be featured on our website and in our promotions. Additionally, you may automatically submit your Photo through Instagram, Twitter or Facebook for a chance to be featured on our website and in our promotions by using certain hashtags designated by Lucas Oil from time-to-time, including, but not limited to #lucasoilphotosubmission, in your social media post, or in the comments to your social media post. Any submission via social media sites is subject to all rules and regulations of such sites. If your Photo is selected by Lucas Oil, it may be displayed or appear on the Site, Lucas Oil’s social media pages, Lucas Oil promotions or in other Lucas Oil materials, for other users to see together with your name and associated social media profile information (such as your handle and profile picture), and any text, caption, ideas or other content of any kind included in your submission (collectively, with the Photo, the “Submission”). Lucas Oil is under no obligation to feature or post any Photo and/or Submission on the Site, but may do so at its sole discretion. When you make a Submission to Lucas Oil in either of the manners described above, you acknowledge and agree that those Photos and/or Submissions are non-proprietary and non-confidential, may be made available to the general public and may be used in the manner described in these Terms.
SUBMITTING YOUR PHOTO AND/OR SUBMISSION TO LUCAS OIL THROUGH EITHER METHOD DESCRIBED ABOVE CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE WITH ALL THESE TERMS THEN DO NOT SUBMIT YOUR PHOTO AND/OR SUBMISSION.
By submitting your Photo and/or Submission, or by posting your Photo and/or Submission with a hashtag designated by Lucas Oil, you hereby irrevocably grant to Lucas Oil, its subsidiaries, affiliates and assigns (collectively, “Licensees”) the absolute, non-exclusive, worldwide, royalty-free, perpetual right, license and permission to use and otherwise exploit your Photo and/or Submission, all images, text and materials depicted therein and associated therewith, and your name (including your username and/or handle), photograph, likeness, image (including your profile image), words, voice and/or personal data (collectively, the “Likeness”) in whole or in part, on Lucas Oil’s public website, Lucas Oil social media sites, Lucas Oil marketing communications, and all other media now known or hereinafter created throughout the world, including, without limitation, the right to use, publish, display, reproduce, exhibit, distribute, copy, edit, change, modify, add to, subtract from or create derivative works therefrom.
By uploading, posting or transmitting your Photo and/or Submission to Lucas Oil or to any of Lucas Oil’s social media pages, or by posting your Photo and/or Submission with a hashtag designated by Lucas Oil, you hereby warrant that: (i) you are a resident of the United States; (ii) you are of the age of majority or older in the jurisdiction in which you reside; (iii) the Photo and/or Submission is owned by you and is your original creation; (iv) the Photo and/or Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (v) you have obtained the rights from any and all third parties appearing in such Photo and/or Submission to use such third party’s name, image, likeness and any other third-party owned elements included in your Photo and/or Submission.
You hereby agree that Licensees may use the Photo and/or Submission, or any derivative works created therefrom, alone or in conjunction with your Likeness and/or any information submitted in connection with the Photo and/or Submission, in connection with its trade and any advertising and promotional purposes in any media now existing or hereafter created in any territory throughout the world without any compensation to you or any additional consents or permissions from you or any third party and without prior notice, approval or inspection. You further agree to indemnify and hold Licensees, and their respective officers, directors, and employees (collectively the “Releasees”) harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorneys’ fees, liabilities, verdicts, judgments and settlements) arising out of use of your Photo and/or Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of your Photo and/or Submission you hereby release Lucas Oil and Releasees from, and irrevocably waive, any and all claims that Licensees’ use of your Photo and/or Submission, in whole or in part, infringes or violates your rights in your Photo and/or Submission, any work or material contained in your Photo and/or Submission, or your Likeness.
By submitting your Photo and/or Submission, you represent and warrant to the Licensees that it does not include any of the following: (i) the name, image or likeness of any identifiable celebrity or famous person; (ii) any trademark, logos, brand name or trade name (or variations or parodies of them) of any company or person other than Lucas Oil; (iii) any materials that are profane, obscene or contain nudity or defamatory material; or (iv) words, symbols or other material that may be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or may harm the Licensees’ or another company’s or person’s reputation.
By submitting your Photo and/or Submission, you understand and agree that nothing herein shall obligate the Licensees to display or otherwise use your Photo and/or Submission, or any component thereof, and that the Licensees may decline to post your Photo and/or Submission or choose to delete your Photo and/or Submission, or any component thereof, at any time for any reason whatsoever. Lucas Oil reserves the right to cancel, suspend and/or modify its Site and these Terms at any time.
By submitting your Photo and/or Submission, you agree and acknowledge that the laws of the United States govern these Terms.
