SLAVE 2 NOTHING – OCT. AWARENESS CAMPAIGN – USER GENERATED CONTENT (UGC) TERMS AND CONDITIONS

LAST UPDATED: September 2024

The Slave 2 Nothing Foundation (“Slave 2 Nothing”) was created by Lynsi Snyder-Ellingson and Sean Ellingson in 2016 as a 501(c)(3) and is supported primarily through donor contributions and fundraising activities sponsored by In-N-Out Burgers. In-N-Out Burgers pays all costs associated with Slave 2 Nothing, so that every penny raised goes directly to help people of the organizations we serve throughout the states where we do business. (We use “we”, “us”, or “our” to refer to Slave 2 Nothing and it may also refer to In-N-Out Burgers, as appropriate.)

These Slave 2 Nothing User Generated Content (UGC) Terms and Conditions (“UGC Terms”) are by and between Slave 2 Nothing and you or the organization you represent (“you”, or “Participant”).

From time to time, Slave 2 Nothing conducts substance abuse awareness and fundraising campaigns (“Slave 2 Nothing Campaigns”) that incorporate approved content created by users on our website (Slave2Nothing.org), our social media channels, and potentially other channels (including In-N-Out.com, our or In-N-Out Burgers’ various sites, social channels (including paid social media ads), mobile apps, and various promotional, advertising and marketing materials and campaigns) (“User Content”). User Content may consist of your photos, texts, graphics, audios, videos, voice, location information, comments and other materials you submit to us or otherwise authorize us to use or repost (e.g., via social media communications).

As stated herein, at our sole discretion, User Content may be edited, revised, abbreviated, or anonymized before being posted to the public internet (if at all); and once posted, it may be taken down for any reason. Among other things, User Content may be used for raising awareness about or fundraising for causes supported by Slave 2 Nothing and/or marketing for In-N-Out Burgers. You agree to take all responsibility for the accuracy, truthfulness, and completeness of the User Content, including with respect to information involving or relating to others. We assume no responsibility for confirming the veracity of any User Content.

By submitting any content for a Slave 2 Nothing awareness campaign via our websites or social media channels (including by clicking “Submit,” “Approve,” “I Agree,” “Upload,” etc. or using hashtags that indicate your agreement), you agree to the UGC Terms and that Slave 2 Nothing and In-N-Out Burgers may use your User Content in accordance with these UGC Terms.

About You
You represent and warrant:

You are at least eighteen (18) years of age or are legally considered an adult in the state or country where you reside;
You have full power and authority to agree to these UGC Terms;
The User Content is your own original creation, you did not take (in whole or in part) the User Content from another website, social media posting or elsewhere, and the User Content does not contain anything that violates the rights of any person or entity;
You own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content;
The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, promotional, or marketing material owned by any person or entity, other than you or Slave 2 Nothing;
The User Content will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, publicity, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity;
The User Content is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.
The User Content does not contain anything illegal, defamatory, obscene, threatening, or racially, sexually, religiously, or otherwise objectionable and offensive content;
You have permission from any person(s) (or in the case of minors, their parents or legal guardians; or in the case of pets, their pet parent) or their heirs, as appropriate, appearing in the User Content to provide us with the rights to use the User Content as described in these UGC Terms;
Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the User Content, if applicable;
Our use of your User Content as described in these UGC Terms will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation;
You confirm and agree that our use of your User Content as described in these UGC Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity;
You confirm that your User Content will not contain advertising, promotional material or promote a product, service or other commercial activity;
You will not impersonate or attempt to impersonate Slave 2 Nothing, In-N-Out Burgers or any of their employees, another user, or any other person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
Your User Content will not include any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
Your User Content will not contain any computer viruses, worms, Trojan horses, spyware or other potentially damaging technologies, computer programs or files or malicious code that could impact the operation of our websites, mobile apps, and related services or any computer or other device;
Your User Content will be accurate, truthful, complete, and non-slanderous, and understand that we assume no responsibility for confirming the veracity of any User Content; and
You have read and you agree to comply with all of the terms and conditions in these UGC Terms.

User Content License
You grant to Slave 2 Nothing and In-N-Out Burgers, and each of our licensees, sublicensees, successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable (through multiple tiers of sublicensees) right and license to use your User Content in any manner to be determined in Slave 2 Nothing’s sole discretion, including but not limited to use on webpages, mobile applications, and social media pages operated by them (including our partners and collaborators), in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, content and campaigns (including paid social advertisements), and in any media now or hereafter known, including marketing for and fundraising campaigns conducted at In-N-Out Burgers’ stores. You agree that we and each of our licensees, sublicensees, successors and assigns may use, display, reproduce, distribute, transmit, publicly perform, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner and for any reason or purpose in our sole discretion, with no compensation or obligation to you whatsoever and without obtaining any further consents or approvals from you.

You also grant us and each of our licensees, sublicensees, successors and assigns the right, at our sole choice, to use your username, real name, image, likeness, voice, caption, location or other identifying information in connection with any use of the User Content. You agree that neither we nor any of our licensees, sublicensees, successors or assigns have an obligation to use your User Content or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of your User Content as described in these UGC Terms. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the licenses and rights you are granting us and each of our licensees, sublicensees, successors and assigns under these UGC Terms.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

You represent and warrant that (i) you own or otherwise have all the necessary rights to grant the licenses and rights granted above with respect to any content you post, including your User Content and (ii) all of your User Content will comply with these UGC Terms.

If requested, you will sign any documentation reasonably requested by us in such form and manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us and each of our licensees, sublicensees, successors and assigns under these UGC Terms.

We have no obligation to use the User Content and we may remove or stop using any User Content at any time, for any reason without notice to you. Use of the User Content does not imply our endorsement of or any affiliation with you.

You understand and agree that any liabilities, losses and/or damages that occur as a result of the use of any User Content that you make available, access or post is solely your responsibility. You hereby forever release, discharge and agree to hold harmless Slave 2 Nothing, In-N-Out Burgers, and all of their respective licensees, sublicensees, officers, directors, employees, representatives, agents, partners, collaborators, successors and assigns, from all claims, actions, liabilities, losses, damages, judgments, settlements, demands, expenses (including reasonable attorneys’ fees and other legal expenses), whether alleged or actual, and related in any way to any and all use by Slave 2 Nothing, In-N-Out Burgers, or their respective licensees, sublicensees, successors or assigns of your User Content. You shall be liable for and shall indemnify Slave 2 Nothing and In-N-Out Burgers, and all of their respective licensees, sublicensees, officers, directors, employees, representatives, agents, partners, collaborators, successors and assigns against any and all claims, actions, liabilities, losses, damages, judgments, settlements, demands, expenses (including reasonable attorneys’ fees and other legal expenses), whether actual or alleged, and which arise directly or indirectly from a breach by you of your obligations, covenants, representations or warranties under these UGC Terms.

Privacy Policy
We will use any personal data we receive in connection with our use of the User Content in accordance with these UGC Terms and in accordance with our Privacy Policy. You consent to our collection of any personal data you provide in connection with the use of the User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information or agree to these terms.

Copyright Policy & Claims for Copyright Infringement
We reserve the right to remove any User Content from our website, social media channels, promotional, marketing and advertising materials and content, or other properties (collectively, “The Properties”). If you believe any content, including User Content, residing on The Properties infringes any person’s or entity’s copyright rights or any other rights, notifications and counter notices must be sent to our designated agent:

Slave 2 Nothing
Attn: Copyright – Legal
4199 Campus Drive, 9th Floor
Irvine, CA 92612
Fax: (949) 509-6378
E-mail: [email protected]

We are only able to accept notices in the languages in which this Agreement is made available by us.

Use of the Services
We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to our products hosted in the United States, these notices must include the required information set forth in the DMCA.

Intellectual Property Rights
The Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Slave 2 Nothing or In-N-Out Burgers by authorizing use of your User Content or otherwise using or accessing The Properties.

Informal Dispute Resolution & Binding Arbitration, Class Action Waiver and Jury Trial Waiver
Please read this provision carefully—you are agreeing to resolve all disputes between you and us through binding individual arbitration and this includes a class action waiver and jury trial waiver.

Informal Dispute Resolution; Arbitration. You and we each agree that any dispute, controversy, or claim arising out of or related to these UGC Terms (the “dispute”) shall go through the following informal dispute resolution process prior to submission to arbitration. First, the dispute, together with all relevant documentation, shall be submitted in writing to you (or your representative) and our senior management representative. The representatives will negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. If the representatives cannot resolve the dispute within 60 calendar days of receipt of written notice, the dispute may be submitted to arbitration. If any dispute, controversy or claim arising out of or related to the UGC Terms have not been resolved, the parties hereby agree to arbitration. All matters referred to arbitration shall be determined and settled according to the Commercial Arbitration Rules of the American Arbitration Association except as expressly set forth herein. Either party may demand arbitration by giving written notice to the other party stating the nature of the controversy. Arbitration shall be by a single arbitrator. The arbitration shall be held in Orange County, California or such other place as agreed upon by the parties. The arbitrator shall allow limited discovery as is appropriate for the purposes of the arbitration in accomplishing fair, speedy and cost-effective resolution of disputes. The costs of arbitration, including, without limitation, reasonable outside attorneys’ fees, shall be apportioned between the parties in the proportion to the amount of fault attributed to each party by the arbitrator. There shall be no award of punitive, consequential or extra-contractual damages. The decision of the arbitrator shall be final, conclusive and binding upon the parties and a judgment upon the award rendered by the arbitrator may be entered into any court having jurisdiction thereof. The parties agree and stipulate that time is of the essence in conducting the arbitration of disputes.

You and we hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising under or in connection with these UGC Terms.

Any arbitration of a dispute will be on an individual basis. You understand and agree that you are waiving the right to participate as a class representative or class member in a class action lawsuit.

If any provision of these arbitration terms are found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

Disclaimers and Limitation on Liability
OUR SERVICES AND PRODUCTS TO THE EXTENT ACCESSIBLE OR PROVIDED TO YOU, OR OTHERWISE USED BY YOU UNDER THESE UGC TERMS OF USE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE UGC TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these UGC Terms.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, LIABILITIES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Additional Terms
These UGC Terms apply to all your User Content submitted in connection with Slave 2 Nothing Campaigns unless otherwise provided. In addition, to the extent your User Content is displayed on The Properties, you also will be subject to additional terms of use, agreements, guidelines or rules provided or posted by Slave 2 Nothing or In-N-Out Burgers applicable to such Properties, including but not limited to those set forth in Slave 2 Nothing’s Terms and Conditions and Privacy Policy and In-N-Out Burgers’ Terms and Conditions and Privacy Policy, and you hereby agree to be bound by such additional terms of use, agreements, guidelines or rules provided or posted.

Miscellaneous Terms
These UGC Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms to any other person, in whole or in part, without your consent.

A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these UGC Terms (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms (other than In-N-Out Burgers, which is a third party beneficiary) has no right to enforce any of these terms.

These UGC Terms contain all the terms agreed between us regarding the User Content and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

The construction, validity and performance of these terms shall be governed by the laws of the State of California, USA, excluding its conflicts of law rules, and the parties submit to the exclusive jurisdiction of the courts of California to resolve any dispute arising under or in connection with these UGC Terms. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms are invalid, then that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions of these UGC Terms will continue to be valid and enforceable.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE UGC TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE UGC TERMS OF USE TOGETHER WITH SLAVE 2 NOTHING’S TERMS AND CONDITIONS AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO SUBMITTING USER CONTENT FOR SLAVE 2 NOTHING CAMPAIGNS AND THE SUBJECT MATTER OF THESE UGC TERMS OF USE.

We may monitor, screen, post, remove, modify, store and review User Content or communications sent through any of our properties, at any time and for any reason, including to ensure that the User Content or communication conforms to these UGC Terms, without prior notice to you. We may terminate your account and access to The Properties if your User Content violates these UGC Terms, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

Non-confidentiality of Your User Content
You agree that (a) your User Content will be treated as nonconfidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Slave 2 Nothing does not assume any obligations of any kind to you or any third party with respect to your User Content. To the contrary, you should expect that your User Content and related materials and information may be posted to the public. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.

Modifying These UGC Terms
You agree to comply with all applicable laws, rules and regulations. Slave 2 Nothing reserves the right to modify these UGC Terms, at any time without prior notice (“Updated Agreement“).

You agree that we may notify you of the Updated Agreement by posting it on the Slave 2 Nothing website (or respective property), and that your use of The Properties after we post the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement. Therefore, you should review these UGC Terms on a regular and frequent basis. The Updated Agreement will be effective as of the date that Slave 2 Nothing posts it, or such later date as may be specified in it.