BRIGGS & STRATTON – TERMS AND CONDITIONS FOR USER GENERATED SUBMITTED CONTENT
Briggs & Stratton and its affiliates (collectively “Briggs,” “we,” or “us”) seek User Generated Content submissions (each a “submission”) to use in various ways in the marketing of its brands (including, but not limited to, Briggs & Stratton®, Vanguard®, Ferris®, Simplicity®, Snapper®, Allmand®, Billy Goat® and SimpliPhi). Such submissions may be used on Briggs’ websites or social media pages as part of the “program.” By uploading content to Briggs’ websites or social media platforms (collectively, a “Platform”), you are making a submission to the program, and you hereby agree to the following Terms and Conditions.
By entering a submission, you hereby grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission in whole or in part, as well as your name and other identifying information.
By submitting a submission in connection with the program, you represent and warrant to Briggs that (i) the submission is your original work and that you have the sole right to submit it to the program; (ii) the submission does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; (iii) the submission does not violate any applicable laws; (iv) you have obtained all necessary licenses or permissions from all third parties for submission into the program and for use as contemplated herein; (v) the posting and/or display of the submission and any other use contemplated herein will not violate rights of any parties or otherwise breach any provision of any applicable law or regulation; and (vi) use and posting of the submission or any part of the submission in connection with the program or as otherwise permitted herein is and will be without any further review, notice, approval, consideration or compensation.
To be eligible in the program, you and your submission must meet the following requirements:
- You must be 18 years or older and a resident of the United States of America;
- Any equipment depicted in your submission must be operated in a safe manner and according to the manufacturer’s operating manual(s);
- If any other individuals are depicted in your submission, they must be a part of your immediate family; further, you verify that you are the parent/legal guardian of any minors depicted in any submission and you consent to further publication of such depictions;
- Your submission or its content may not violate any federal, state, or local laws; ordinances; or other applicable laws;
- You must own or otherwise control the rights to your submission and any and all elements thereof;
Further, your submission must not contain any content that:
- is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains profanity or sexual content;
- promotes alcohol, illegal drugs, tobacco, firearms or weapons;
- promotes any third-party product or service or otherwise contains commercial messages or endorsements regarding third-party products or services;
- is proprietary to a third party, contains any third-party content, or otherwise defames, violates or infringes (or may infringe) any copyright, trademark, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light);
- appears to have results in any injury or bodily harm; and/or
- is lewd or inappropriate or offensive or not in keeping with our image, including acts of violence or acts that are otherwise objectionable to Briggs & Stratton.
You represent and warrant that your submission complies with all of these Terms & Conditions and that you have obtained the necessary consent from any third party shown or referenced in your submission.
BY PARTICIPATING IN ANY ASPECT OF THE PROGRAM, YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS BRIGGS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, DEALERS, RETAILERS, ADVERTISING AND PROMOTION AGENCIES, ANY PLATFORM YOU USE TO PARTICIPATE IN THE PROGRAM, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN ANY PART OF THE PROGRAM (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY SUBMISSION AND/OR FROM ANY PROGRAM RELATED ACTIVITY AND FOR ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION), INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND YOU WAIVE ANY RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. YOU HEREBY WAIVE ALL RIGHTS AND RELEASE EACH OF THE RELEASED PARTIES FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEFAMATION, INVASION OF RIGHT TO PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER, RELATING TO THE PROGRAM OR THE OPERATION THEREOF, OR BASED UPON OR RELATING TO THE USE AND EXPLOITATION OF THE SUBMISSIONS AS CONTEMPLATED HEREIN, OR USE IN COMPOSITE FORM, EITHER INTENTIONALLY OR OTHERWISE.
Changes to Terms and Conditions
Briggs & Stratton reserves the right to modify or terminate these Terms and Conditions for any reason without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms and Conditions in order to be apprised of any updates.
Briggs reserves the right, at its sole discretion, to edit any submission and to choose to include, not include or remove such submission from its Platforms or in any other materials where the submission may appear.