This is a legal agreement. Please read these Terms & Conditions for Submitted Photos (the "Terms") before making a photo submission to Tarte. If you are not a resident of the United States you may not submit photos to Tarte. Tarte, Inc. ("Tarte," "our" or "we") provides the content and services available on the websites that Tarte owns or controls (today or in the future), including www.tarte.com and www.tartecosmetics.com (the "Sites"). The Sites may, from time-to-time, allow you to upload your photographs and/or videos (collectively, your "Photo") for a chance to be featured on our website and in our promotions. Additionally, you may automatically submit your Photo through Instagram, Twitter or Facebook for a chance to be featured on our website and in our promotions by using certain hashtags designated by Tarte from time-to-time, including, but not limited to, #tartecosmetics and #tarte, in your social media post, or in the comments to your social media post. Any submission via social media sites is subject to all rules and regulations of such sites. If your Photo is selected by Tarte, it may be displayed or appear on the Sites, Tarte's social media pages, Tarte promotions or in other Tarte materials, for other users to see together with your name and associated social media profile information (such as your handle and profile picture), and any text, caption, ideas or other content of any kind included in your social media post or submission (collectively, with the Photo, the "Submission"). Tarte is under no obligation to feature or post any Submission on the Sites, but may do so at its sole discretion. When you make a Submission to Tarte in either of the manners described above, you acknowledge and agree that those Submissions are non-proprietary and non-confidential, may be made available to the general public and may be used in the manner described in these Terms.
SUBMITTING YOUR PHOTO TO TARTE THROUGH EITHER METHOD DESCRIBED ABOVE CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE WITH ALL THESE TERMS THEN DO NOT SUBMIT YOUR PHOTO.
By submitting your Submission, or by posting your Photo and/or Submission with a hashtag designated by Tarte, you hereby irrevocably grant to Tarte, its subsidiaries, affiliates and assigns (collectively, "Licensees") the absolute, non-exclusive, worldwide, royalty-free, perpetual right, license and permission to use and otherwise exploit your Submission, all images, text and materials depicted therein and associated therewith, and your name (including your username and/or handle), photograph, likeness, image (including your profile image), words, voice and/or personal data (collectively, the "Likeness") in whole or in part, on Tarte's public website, Tarte social media sites, Tarte marketing communications, and all other media now known or hereinafter created throughout the world, including, without limitation, the right to use, publish, display, reproduce, exhibit, distribute, copy, edit, change, modify, add to, subtract from or create derivative works therefrom.
By uploading, posting or transmitting your Submission to Tarte or to any of Tarte’s social media pages, or by posting your Photo and/or Submission with a hashtag designated by Tarte, you hereby warrant that: (i) you are a resident of the United States; (ii) you are of the age of majority or older in the jurisdiction in which you reside; (iii) the Submission is owned by you and is your original creation; (iv) the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (v) you have obtained the rights from any and all third parties appearing in such Submission to use such third party’s name, image, likeness and any other third-party owned elements included in your Submission.
You hereby agree that Licensees may use the Submission, or any derivative works created therefrom, alone or in conjunction with your Likeness and/or any information submitted in connection with the Photo, in connection with its trade and any advertising and promotional purposes in any media now existing or hereafter created in any territory throughout the world without any compensation to you or any additional consents or permissions from you or any third party and without prior notice, approval or inspection. Your further agree to indemnify and hold Licensees, and their respective officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use of your Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of your Submission you hereby release Tarte and Releasees from, and irrevocably waive, any and all claims that Licensees' use of your Submission, in whole or in part, infringes or violates your rights in your Submission, any work or material contained in your Submission, or your Likeness.
By submitting your Submission, you represent and warrant to the Licensees that it does not include any of the following: (i) the name, image or likeness of any identifiable celebrity or famous person; (ii) any trademark, logos, brand name or trade name (or variations or parodies of them) of any company or person other than Tarte; (iii) any materials that are profane, obscene or contain nudity or defamatory material; or (iv) words, symbols or other material that may be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or may harm the Licensees' or another company's or person's reputation.
By submitting your Submission, you understand and agree that nothing herein shall obligate the Licensees to display or otherwise use your Submission, or any component thereof, and that the Licensees may decline to post your Submission or choose to delete your Submission, or any component thereof, at any time for any reason whatsoever. Tarte reserves the right to cancel, suspend and/or modify its Sites, social media pages and these Terms at any time.
By submitting your Submission, you agree and acknowledge that the laws of the United States govern these Terms.