Terms of Use and Releases for User-Generated Content

for

Capture the Flag HVC Sweepstakes

You are reading this because WHV Resort Group, Inc. and its affiliates (collectively referred to as “WHV,” “we,” “our” or “us”) have invited you to provide your favorite travel photograph(s). 

By submitting a photograph and completing the other entry requirements you will be entered into the Capture the Flag Sweepstakes, and in connection therewith WHV may, in its sole discretion, use the photographs that you post.  You must be at least eighteen (18) years old to participate in this activity.

We seek permission to feature our favorite photographs on our social media channels, websites, newsletters, emails and more. Please take this opportunity to review these User Generated Content Terms of Use and our Privacy Policy at www.hyattvacationclub.com/privacy-policy.

By responding with the provided hashtag (#CaptureTheFlagHVCSweepstakes), we and you are agreeing to the following:

You will retain ownership of all photos (referred to as “User Content”) that you submit and permit us to use.

You grant WHV a non-exclusive, worldwide, royalty-free, sub-licensable and transferable (in whole and/or in any part(s)), perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute, display, modify, create derivative works based upon, and otherwise utilize your User Content in connection with WHV’s advertising, publicity, promotional and marketing activities including, but not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, emails and all other formats, channels and platforms now known or hereinafter devised, without further notice to you.  WHV’s utilization of your User Content may be viewed by you and others.  We may elect, but will not be required, to display or utilize your handle, identity, profile picture, byline or associated geographic or location information when we utilize your User Content. We will only utilize geographic or location information that you have posted and thereby made public. 

The nonexclusive nature of our license to your User Content means that you may continue to use the User Content for your own purposes and permit others use your User Content. Other than your name or handle, and other information that you elect to provide to WHV, WHV will not collect personal information from you.  WHV will maintain the confidentiality of any personal information that you provide, in accordance with our company’s [Privacy Policy] | Vacation Ownership (hyattvacationclub.com). The royalty-free nature of our license to your User Content means that we do not owe you any compensation or fees in connection with our use of your User Content or in connection with any revenue or business advantage that we might enjoy as a result of such use. The license provides us with the right to utilize your User Content anywhere in the world. Finally, the perpetual nature of the license means that it does not expire.

You will have the right to request that we cease further use of your User Content, which you may request by notifying us at https://privacy-portal-mvwc.my.onetrust.com/webform/711fd727-975b-4078-b1d2-af57070c5360/2c3050e4-3fc2-477b-962a-995e9d0607de and providing the following information: First Name, Last Name, email address, content origin, social platform and user handle and media content description, including a copy of the User Content if possible. WHV will take commercially reasonable, good faith steps to cease further use by WHV of specifically identified User Content within five (5) business days of receipt of your request with the above information. However, WHV may not be able to stop uses of your User Content that are in the process of production or distribution, and User Content is not always capable of being completely or permanently removed. We may remove User Content from any use or material for any reason and at any time, without notice. Lastly, WHV shall not be responsible for any other parties’ use of your User Content, even if such third-party use originated with or is derived from our use.

You represent to WHV that:

• You are at least eighteen (18) years old;
• you are not an employee or immediate family member of an employee of WHV;  
• you own all rights to your User Content or, alternatively, you have the right to grant WHV the rights and license described above;
• you have paid and will pay in full any fees or other payments that may be related to the production or use of your User Content;
• each individual whose image or likeness is captured in your User Content has granted you the right to use his or her image or likeness for the purposes set forth in these User Generated Content Terms of Use, or you otherwise hold the right to make such use of his or her image or likeness on the basis of your legal relationship with each such individual, including, but not limited to, your status as the individual’s parent or legal guardian; and 
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.

You acknowledge that WHV has reasonably relied on the above representations and that you shall be responsible for and indemnify WHV against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Content.

These User Generated Content Terms of Use shall for all purposes be governed by and construed in accordance with the law of the United States without regard to any conflict of laws provisions, and any dispute relating thereto shall be subject to the nonexclusive jurisdiction of the courts of the United States.

These User Generated Content Terms of Use were most recently updated on May 21, 2024.  Please refer back to these User Generated Content Terms of Use in order to review the most current version each time that you grant us permission to use your User Content.

903475-2; SW-24-003