Social Media User Content Rights Terms & Conditions
Date of last revision to these Terms: June 13, 2022
Loblaw Companies Limited, together with its subsidiaries and affiliates, including President’s Choice Bank, (hereinafter referred to as “us”, “we” or “our”) would like to use your User Content (as defined below) on our owned social media accounts, websites, promotional emails and/or any other advertising. By providing your consent in the manner set out below, you are agreeing to be legally bound by these terms and conditions (“Terms”), and to comply with all applicable laws and regulations.
In these Terms, “User Content” means all text, names, likenesses, photographs, images, video, audio, and other material contained within or associated with the social media post in respect of which we contacted you and provided a link to these Terms.
You can withdraw consent anytime – here’s how
You can withdraw your consent for any further use of your User Content and/or request removal of published User Content from our social media accounts, websites, promotional emails and/or any other advertising at any time by contacting us via firstname.lastname@example.org and including a link to the original post.
The rights you are granting to us
By agreeing to these Terms, you grant us, including our successors, assigns, and franchisees, a non-exclusive, fully paid-up, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable licence to use, reproduce, modify, promote, and commercialize the User Content on our owned social media accounts, websites, promotional emails and/or any other advertising, without compensation or further notice to you. We reserve the right to make the styles or products displayed in your User Content “shoppable” by adding widgets or lightboxes to the User Content that feature the ability to purchase said styles or products. You agree that nothing in these Terms requires us to use the User Content and that we may use and/or disclose any personal information included in the User Content at our sole discretion in accordance with these Terms. You also irrevocably waive all your moral rights and all other similar rights of attribution and integrity with respect to the User Content, and any and all claims against us relating to copyright infringement or invasion or misappropriation of the right of privacy or publicity.
You represent and warrant that you are at or over the age of legal majority in the province/territory where you reside and that you have all rights and the capacity necessary to grant the licences, rights, consents and permissions granted in these Terms, including but not limited to the rights of publicity and privacy for any person featured in the User Content and the copyright in the User Content.
You acknowledge and agree that these Terms govern the relationship between us and you with respect to the User Content and do not modify the terms and conditions governing your use of the social media platform on which you posted the User Content.
Revisions to these Terms
We reserve the right, in our sole discretion, to modify all or a portion of these Terms at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms here by indicating at the top of this page the date these Terms were last revised. Unless you withdraw your consent or request removal of published User Content as set out above, you accept, and agree to be legally bound by, these Terms as revised.
Governing Law and Jurisdiction
For all Canadian residents (excluding Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario, Canada, govern these Terms, including your consent to promote and share the User Content, without regard to rules relating to conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
For residents of Quebec, you agree that the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable therein, govern these Terms, including your consent to promote and share the User Content, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of these Terms or your consent to promote and share the User Content.
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms constitute the sole and entire agreement between us regarding your consent to promote and share the User Content.
How to provide consent
If you agree to these Terms, please mention us and reply to our message on your post with the hashtag indicated in our message.