These terms and conditions (“T&Cs”) relate to the #essentialsupport campaign run by Fonterra Co-operative Group Limited (“Fonterra”) to enable people to share their appreciation to anyone or anything that is helping them get through the coronavirus outbreak. Agreeing to allow Fonterra to use the imagery and/or message contained in your social media or website post (in whole or part), identified using the hashtag #essentialthanks (“Post”) is deemed to be acceptance of and entry into these T&Cs. The rights contemplated by these T&Cs apply on a worldwide basis without limit in time and will be governed by New Zealand law.
In consideration for the mutual promises contained in these T&Cs, you permit Fonterra to use the Post in its original and/or Fonterra edited form for any and all purposes, including for trade, promotion, advertising and commercial use or any other purpose in any media, whether or not in connection with Fonterra’s products (“Purpose”).
You agree and undertake:
a) to the use of the Post for the Purpose but for no other purpose;
b) that you own the Post and all other rights in the Post or have the authority to act on the owner’s behalf. You warrant that the Post has not been copied and does not contain any third-party materials and/or content that you do not have permission to use;
c) to retain any copyright in the Post but provide Fonterra with an exclusive, irrevocable licence in perpetuity to have free and unfettered use of the Post for the Purpose, without further reference or compensation to you;
d) if requested by Fonterra, to provide a high-resolution copy of any imagery contained in the Post; and
e) to waive any right to inspect or approve the product, advertising copy or other material that the Post is used in connection with.
Fonterra undertakes that it will not use the Post in any manner or context that might reflect adversely upon you or cause any distress or embarrassment and likewise, you agree not to do or say, or omit to do or say anything (directly or indirectly) in connection with the Post that will reflect adversely on Fonterra.
You do not object to Fonterra storing copies of the Post for the Purpose and storing your contact details in accordance with the Privacy Act 1993, in case we need to contact you, or the information is otherwise required for the Purpose. You agree to the use of your name, social media username and/or image by Fonterra for any marketing or publicity purposes.
You agree that subject to any applicable laws which cannot be excluded, Fonterra, together with its employees and agents, will not be liable for any loss, damage or injury of any nature incurred or suffered by any person (including but not limited to direct or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection your participation in this campaign.
You are aware that the campaign is in no way sponsored, endorsed or administered by, or associated with, Instagram™, Twitter™ or Facebook™ or any other social media platform.