UGC Rights Request

Terms & Conditions

Loews Hotels & Resorts (“Loews”) has created an advertising campaign called “A Wonderful Place to Wander” and your photographic image posted on Instagram (“Image”) has been identified for possible use in the campaign, but only if you grant Loews permission. The use of the Image and all related personal and contextual information is specifically agreed by you to be in accordance with the terms and conditions of this Agreement as provided below.   GRANT OF RIGHTS: In exchange for such good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, you hereby irrevocably grant to Loews a license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the (i) Image, (ii) your personal identification and information (including, without limitation, your social media user name and other publicly available information as well as all such information related to minor children in the Image of whom you are the parent or legal guardian) and (iii) contextual information in connection with the Image throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to you.  Without in any way limiting the foregoing, Loews shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Image for any purpose which they deem necessary or desirable, and you irrevocably waive any and all so-called moral rights they may have therein.  Loews shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.  Loews shall retain the rights granted for the Image even if the Image is not used in the campaign. GENERAL LIABILITY RELEASE: Acceptance of this Agreement constitutes your permission for Loews to use your Image, including without limitation, your  name, social media handle, video, likeness, photograph or other image, voice, biographical information, statements and address (city and state) ,and those of any minors in the Image of whom you are the parent or legal guardian, for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation . You agree that Loews have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the advertising campaign or participation in the campaign. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, this Agreement shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. NO OBLIGATION TO USE: Loews shall have no obligation (express or implied) to use any Image or any materials or content created by you, or to otherwise exploit any Image, and if commenced, to continue the distribution or exploitation thereof, and Loews may at any time abandon the use of the Image or any materials for any reason, with or without justification or excuse, and you shall not be entitled to any damages or other relief by reason thereof. REPRESENTATION OF AUTHORITY/MAJORITY/LEGAL GUARDIANSHIP. You represent and warrant that you are duly authorized and have the legal capacity to execute and deliver this Agreement and grant the rights herein granted and that the Agreement is a valid and legal agreement binding on you and enforceable in accordance with its terms, or in the event that a minor is depicted in the image, you represent and warrant that you are the parent or legal guardian of the minor depicted and consent to the use of the image.  You hereby agree to indemnify, defend and hold harmless Loews from any breach of the foregoing warranty and representation. GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement and release or the rights and obligations of you and/or Loews in connection with this Agreement shall be governed by and construed in accordance with the internal laws of the state of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.